Article 19 of the Constitution of India
Article 19 provides 6 rights like 19(1)(a) to 19(1)(g), earlier there were 7 rights under article 19, but 44th Constitutional amendment omitted Article 19(1)(f) in 1978.
They are available to individuals and share holders in a company but only citizens of India.
Article 19(1)(a) provides right to freedom of speech and expression:
Every citizen can express his belief and opinions by almost any means possible. Broad interpretation and includes: Propagate other’s view, press, commercial advertisements, telecast, RTI, printing, silence, peaceful demonstration, freedom against strike, pre censorship, telephonic tapping, bandh etc.
Article 19(1)(b) provides right to assemble peaceably and without arms:
Public meetings, demonstrations and take out processions but no right to strike.
Under Section 144 CrPC, a magistrate can restrain an assembly if any unlawful activity is suspected.
Under Section 141 of IPC, an assembly of 5 or more becomes unlawful if the object is (a) to resist the execution of any law or legal process; (b) to forcibly occupy the property of come person; (c) to commit any mischief or criminal trespass; (d) to force some person to do an illegal act; and (e) to threatened the government official on exercising their lawful powers.
Article 19(1)(c) right to form associations or unions or co-operative societies:
It includes the right to form political parties, companies, partnership firms, societies, clubs, organizations, trade unions etc.
Article 19(1)(d) right to move freely throughout the territory of India:
Can move throughout the territory of the Country, inter or intra state. It confers only citizen of India not state citizens. Thus, the purpose is to promote national feeling and not parochialism.
Restrictions: Prostitutes and AIDS patient. And the entry of outsiders in tribal areas is restricted to protect the distinctive culture, language, customs and manners of scheduled tribe and to safeguard their traditional vocation and properties against exploitations.
Article 19(1)(e) right to reside and settle in any part of the territory of India:
there are two dimensions; (a) the right to reside in any part of the country, which means to stay at anyplace temporarily (b) the right to settle in any part of the country, which means to set up a home or domicile at any place permanently. (Similar restrictions…. Regulation of prostitutes and habitual offenders)
Article 19(1)(g) Right to practice any profession, or to carry on any occupations, trade or business:
This right includes all the means of earning one’s livelihood.
But restriction is Imposed the professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business, the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise.
##Article 19(1)(f) has been omitted by the 44th Constitutional Amendment. Right to property was removed from fundamental right, now right to property is legal right inserted under Article 301A.