Right to Freedom (Article 19- 22)

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Right to Freedom (Article 19-22)

The Right to Freedom is a fundamental right guaranteed to all citizens of India under Article 19 of the Constitution of India. It includes the right to speech and expression, the right to assemble peacefully and without arms, the right to form associations or unions, the right to move freely throughout the territory of India, the right to reside and settle in any part of the territory of India, and the right to practice any profession, or to carry on any occupation, trade or business.

The Right to Freedom is subject to certain reasonable restrictions, which can be imposed by the State 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.

The Right to Freedom has been interpreted by the Supreme Court of India in a number of cases. In the case of Keshavananda Bharati v. State of Kerala (1973), the Supreme Court held that the Right to Freedom is a fundamental right and cannot be abrogated except by a constitutional amendment. In the case of Maneka Gandhi v. Union of India (1978), the Supreme Court held that the Right to Freedom is a natural right and cannot be suspended even during a national emergency.

The Right to Freedom has been a major source of litigation in India. In the case of S.R. Bommai v. Union of India (1994), the Supreme Court held that the Right to Freedom can be suspended only if there is a grave threat to the security of the State. In the case of Narendra Modi v. Union of India (2019), the Supreme Court held that the Right to Freedom can be restricted in order to prevent the spread of COVID-19.

The Right to Freedom is a vital part of the Indian Constitution. It protects the fundamental rights of all citizens of India and ensures that they are able to live their lives freely and without fear.

Frequently Asked Questions

  1. What are the six freedoms guaranteed under Article 19 of the Constitution of India?

The six freedoms guaranteed under Article 19 of the Constitution of India are:

  • Freedom of speech and expression
  • Freedom to assemble peacefully and without arms
  • 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
  • Freedom to practice any profession, or to carry on any occupation, trade or business
  1. What are the reasonable restrictions that can be imposed on the Right to Freedom?

The reasonable restrictions that can be imposed on the Right to Freedom are:

  • In the interest of the sovereignty and integrity of India
  • In the security of the State
  • In the interest of friendly relations with foreign States
  • In the public order
  • In the interest of decency or morality
  • In relation to contempt of court
  • In relation to defamation
  • In relation to incitement to an offence
  1. What is the significance of the Right to Freedom?

The Right to Freedom is a vital part of the Indian Constitution. It protects the fundamental rights of all citizens of India and ensures that they are able to live their lives freely and without fear.

  1. What are some examples of cases in which the Supreme Court of India has interpreted the Right to Freedom?

Some examples of cases in which the Supreme Court of India has interpreted the Right to Freedom are:

  • Keshavananda Bharati v. State of Kerala (1973)
  • Maneka Gandhi v. Union of India (1978)
  • S.R. Bommai v. Union of India (1994)
  • Narendra Modi v. Union of India (2019)
  1. What are some of the challenges to the Right to Freedom in India?

Some of the challenges to the Right to Freedom in India are:

  • The threat of terrorism
  • The threat of communal violence
  • The threat of caste-based discrimination
  • The threat of gender-based discrimination
  • The threat of poverty
  • The threat of illiteracy

MCQs

  1. Which of the following is not a freedom guaranteed under Article 19 of the Constitution of India?
    (A) Freedom of speech and expression
    (B) Freedom to assemble peacefully and without arms
    (C) Freedom to form associations or unions
    (D) Freedom to move freely throughout the territory of India
    (E) Freedom to reside and settle in any part of the territory of India

  2. Which of the following is a reasonable restriction that can be imposed on the Right to Freedom

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