Right to Freedom — Article 19 — KSLU Constitutional Law Notes

Right to Freedom — Article 19

Article 19(1) guarantees six freedoms to citizens: (a) speech and expression, (b) assembly, (c) association, (d) movement, (e) residence, and (g) profession, trade or business. None is absolute — each is subject to reasonable restrictions in the public interest under clauses 19(2)–(6).

The recurring exam themes:

1. Reasonableness must be tested — a restriction must be reasonable and in the interest of a listed ground; the proportionality standard applies (a total prohibition needs the strongest justification).
2. Free speech (19(1)(a)) includes the freedom of the press, the right to know, commercial speech, and is restrictable only on the eight grounds in 19(2) — Romesh Thappar (1950), Shreya Singhal (2015, striking down §66A IT Act).
3. Trade/business (19(1)(g)) — the State may regulate or even, for a res extra commercium (e.g., liquor), prohibit; but a total ban on a lawful trade with no proportionate alternative is suspect.