Constitution Section 19 — Protection of certain rights regarding freedom of speech, etc
Part III — FUNDAMENTAL RIGHTS — Right to Freedom
Constitutional
Summary
All citizens are guaranteed the right to speak and express themselves, to gather peacefully without weapons, to form associations, unions, or cooperative societies, to move freely anywhere in India, to live and settle in any part of the country, and to practice any profession or carry on any occupation, trade, or business. However, these rights are not absolute. The government can make laws that place reasonable restrictions on the right to free speech to protect India's sovereignty and integrity, national security, friendly relations with other countries, public order, decency, or morality, or to address contempt of court, defamation, or incitement to an offence. Similarly, the government can impose reasonable restrictions on the right to assemble peacefully, form associations, move freely, reside anywhere, and practice a profession, in the interests of public order, morality, or the general public, or to protect the interests of Scheduled Tribes. The government may also set professional or technical qualifications for any occupation or trade, and can itself run any trade, business, industry, or service, even to the complete or partial exclusion of citizens.
Official Text
(1) All citizens shall have the right—
(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions or co-operative societies;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India; and(f)* * * * *
(g) to practise any profession, or to carry on any occupation, trade or business.
(2) Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests 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.
(3) Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India orpublic order, reasonable restrictions on the exercise of the right conferred by the said sub-clause.
(4) Nothing in sub-clause (c) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India orpublic order or morality, reasonable restrictions on the exercise of the right conferred by the said sub-clause.
(5) Nothing in sub-clauses
(d) and
(e) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any Scheduled Tribe.
(6) Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause, and, in particular, nothing in the said sub-clause shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to,—
(i) the professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business; or
(ii) 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.