Reasonable restrictions under Article 19: This Article of the Indian Constitution guarantees certain fundamental rights to its citizens. These rights include freedom of speech and expression, freedom to assemble peacefully, freedom to form associations or unions, freedom to move freely throughout the territory of India, freedom to reside and settle in any part of the territory of India, and freedom to practice any profession, occupation, trade, or business. While these rights are essential for the functioning of a democratic society, they are not absolute, and reasonable restrictions can be imposed on them in the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.
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Reasonable restrictions under Article 19: Freedom of Speech and Expression:
While freedom of speech and expression is a fundamental right, it is not absolute. Certain reasonable restrictions can be imposed on this right in the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence. Some examples of reasonable restrictions on freedom of speech and expression are as follows:
Restrictions on Hate Speech
The Indian Penal Code (IPC) prohibits hate speech, which is speech that promotes hatred against a particular group of people based on their religion, race, caste, or nationality. Section 153A of the IPC makes it an offence to promote enmity between different groups on grounds of religion, race, place of birth, residence, language, etc. Similarly, Section 295A of the IPC makes it an offence to insult or outrage religious feelings of any class of citizens.
Restrictions on Obscenity
The Constitution of India allows for the imposition of reasonable restrictions on freedom of speech and expression in relation to decency or morality. This allows for the regulation of obscenity in various forms of media, including books, films, and television shows. The Supreme Court has held that obscenity can be defined as anything that is offensive to modesty or decency and can be judged by contemporary community standards.
Restrictions on National Security
The State can impose reasonable restrictions on freedom of speech and expression in the interest of national security. This includes restrictions on speech that incites violence or promotes terrorism. The Supreme Court has held that speech that creates a feeling of insecurity among the public or tends to disrupt public order is not protected by the Constitution.
Reasonable Restrictions on Freedom to Assemble Peacefully
The Constitution of India guarantees the right to assemble peacefully without arms as a fundamental right. However, this right is subject to reasonable restrictions in the interest of public order, morality, and the sovereignty and integrity of India. Some examples of reasonable restrictions on freedom to assemble peacefully are as follows:
Restrictions on Unlawful Assemblies
The Code of Criminal Procedure empowers the police to use reasonable force to disperse an unlawful assembly. An assembly can be deemed unlawful if it violates any law or if it is likely to cause a disturbance of public peace.
Restrictions on Processions
The State can impose reasonable restrictions on processions in the interest of public order. For example, the police can require organizers to obtain prior permission and follow certain conditions, such as the route, time, and duration of the procession.
Restrictions on Religious Processions
The State can also impose reasonable restrictions on religious processions if they are likely to cause a disturbance of public peace or offend the religious feelings of any class of citizens.
Restrictions on to form associations or unions
Sovereignty and integrity of India:
This is the most important ground on which the government can restrict the right to form associations or unions. Any association or union that goes against the sovereignty and integrity of India can be prohibited by the government.
Public order
The government can also restrict the right to form associations or unions if it feels that such associations or unions are likely to disrupt public order. This can include activities like strikes, demonstrations, or protests that are likely to cause public disorder.
Morality
The government can restrict the right to form associations or unions if it feels that such associations or unions are likely to offend public morality. For example, an association or union that promotes activities like gambling, prostitution, or drug use can be prohibited by the government.
Security of the State
The government can restrict the right to form associations or unions if it feels that such associations or unions are likely to threaten the security of the state. This can include associations or unions that promote activities like terrorism, espionage, or sabotage.
Friendly relations with foreign states
The government can restrict the right to form associations or unions if it feels that such associations or unions are likely to harm the friendly relations of India with other countries.
It is important to note that these restrictions are subject to judicial review, and any restrictions that go beyond the scope of the reasonable restrictions listed in the Constitution may be struck down by the courts.
Reasonable restrictions on to move freely throughout the territory of India
Sovereignty and integrity of India
The government can impose restrictions on the right to freedom of movement if it feels that it is necessary to protect the sovereignty and integrity of India.
Contempt of court
The government can impose restrictions on the right to freedom of movement if it feels that it is necessary to prevent contempt of court.
Protection of interests of any scheduled tribe
The government can impose restrictions on the right to freedom of movement if it feels that it is necessary to protect the interests of any scheduled tribe.
Additionally, there are certain exceptions to the right to freedom of movement. For example, the government can impose restrictions on the movement of individuals during a pandemic or a natural disaster to prevent the spread of the disease or protect people’s lives and property.
Reasonable restrictions on the right to reside and settle in any part of the country
Protection of Scheduled Tribes
The Constitution provides for the protection of the interests of Scheduled Tribes. The State may impose restrictions on the right to reside and settle in any part of the country in the interest of protecting the rights and interests of these communities.
Restrictions on non-citizens
The right to reside and settle in any part of the country is restricted to Indian citizens. Non-citizens may be subject to restrictions on their right to reside and settle in the country.
Reasonable restrictions on the freedom of movement
The Constitution provides for the imposition of reasonable restrictions on the freedom of movement in the interest of public order, national security, and the protection of the interests of Scheduled Tribes.
Emergency situations
During emergency situations such as war or internal disturbances, the government may impose reasonable restrictions on the right to reside and settle in any part of the country.
Reasonable restrictions to practise any profession, or to carry on any occupation, trade or business
Security of the State
The state may impose restrictions on the right to practice any profession or carry on any trade, business or occupation in the interest of the security of the State. Eg: setting up missile factory at your home
Health
The state may impose restrictions on the right to practice any profession or carry on any trade, business or occupation in the interest of public health.
Certain Occupations
The state may impose restrictions on certain professions, trades, or businesses that require special qualifications or skills, such as medical practice or legal practice.
It’s important to note that any restrictions imposed on the right to freedom of movement must be reasonable and proportionate to the objective sought to be achieved. If the government imposes unreasonable or disproportionate restrictions on this right, then individuals can challenge them in court.
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FAQ
Q: What is Article 19 of the Indian Constitution?
Article 19 of the Indian Constitution guarantees six freedoms to citizens: freedom of speech and expression, freedom to assemble peacefully and without arms, freedom to form associations and unions, freedom to move freely throughout the territory of India, freedom to reside and settle in any part of the country, and freedom to practice any profession, occupation, trade or business.
Q:What are reasonable restrictions under Article 19?
The freedoms guaranteed under Article 19 are not absolute and can be restricted by the State in the interest of public order, decency, morality, security, or in relation to contempt of court, defamation or incitement to an offence. These are known as reasonable restrictions.
Q: Who decides what constitutes a reasonable restriction?
The courts are responsible for deciding what constitutes a reasonable restriction. The judiciary has the power to strike down any law that is deemed to be an unreasonable restriction on the freedoms guaranteed under Article 19.
Q:Can reasonable restrictions be imposed on all the freedoms guaranteed under Article 19?
No, not all the freedoms guaranteed under Article 19 can be subject to reasonable restrictions. For example, the freedom of thought and conscience cannot be restricted by the State.
Q: Can individuals challenge the imposition of reasonable restrictions?
A: Yes, individuals can challenge the imposition of reasonable restrictions by the State. They can approach the courts and argue that the restriction is unreasonable and violates their fundamental rights guaranteed under the Constitution.