Right to Freedom, Article 19 of Indian Constitution

Article 19 of Indian Constitution: Right to Freedom (Protection of certain rights regarding freedom of speech, etc.)

Article 19 Right to Freedom – Constitution of India

  1. All citizens shall have the right—
    1. Right to to freedom of speech and expression;

    2. Right to to assemble peaceably and without arms;

    3. Right to to form associations or unions;

    4. Right to to move freely throughout the territory of India;

    5. Right to to reside and settle in any part of the territory of India;

    6. Right to 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 4 [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 4 [the sovereignty and integrity of India or] public 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 4 [the sovereignty and integrity of India or] public order or morality, reasonable
    restrictions on the exercise of the right conferred by the said sub-clause.
  5. Nothing in 1 [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, 2 [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
    1. the professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business, or
    2. 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 20 Protection in respect of conviction for offences – Constitution of India

(1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the
commission of the offence.

(2) No person shall be prosecuted and punished for the same offence more than once.

(3) No person accused of any offence shall be compelled to be a witness against himself.

Article 21 Protection of life and personal liberty – Constitution of India

No person shall be deprived of his life or personal liberty except according to procedure established by law.

Article 21A – Constitution of India

The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.

Article 22 Protection of life and personal liberty – Constitution of India

  1. No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.
  2. Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.
  3. Nothing in clauses (1) and (2) shall apply—
    1. to any person who for the time being is an enemy alien; or
    2. to any person who is arrested or detained under any law providing for preventive detention.
  4. No law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless—
    1. an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as, Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention: Provided that nothing in this sub-clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub-clause (b) of clause (7); or
    2. such person is detained in accordance with the provisions of any law made by Parliament under subclauses (a) and (b) of clause (7).
  5. When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order.
  6. Nothing in clause (5) shall require the authority making any such order as is referred to in that clause to disclose facts which such authority considers to be against the public interest to disclose.
  7. Parliament may by law prescribe—
    1. the circumstances under which, and the class or classes of cases in which, a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an Advisory Board in accordance with the provisions of sub-clause (a) of clause (4);
    2. the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and
    3. the procedure to be followed by an Advisory Board in an inquiry under ***[sub-clause (a) of clause (4)].

Article 23 Prohibition of traffic in human beings and forced labour – Constitution of India

(1) Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.

(2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them.

Article 24 Prohibition of employment of children in factories, etc – Constitution of India

No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.


Constitution Of India Part 3 Fundamental Rights – Articles 12 to 35


Article 12 of Indian Constitution

Article 12 of Indian Constitution: Definition Article 12 Definition - Constitution Of India In this Part, unless the context otherwise requires, “the State’’ includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory ...

Article 13 of Indian Constitution

Article 13 of Indian Constitution: Laws inconsistent with or in derogation of the fundamental rights Article 13 Laws inconsistent with or in derogation of the fundamental rights - Constitution Of India
  1. All laws in force in the territory of India immediately before the commencement of this Constitution, in so ...

Article 14 of Indian Constitution Right to Equality (Equality before law)

Article 14 of Indian Constitution: Right to Equality (Equality before law) Article 14 Right to Equality (Equality before law) - Constitution Of India The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. Constitution Of India ...

Article 15 of Indian Constitution

Article 15 of Indian Constitution: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth Article 15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth – Constitution of India
  1. The State shall not discriminate against any citizen on grounds ...

Article 16 of Indian Constitution

Article 16 of Indian Constitution: Equality of opportunity in matters of public employment Article 16 Equality of opportunity in matters of public employment - Constitution of India (1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State ...

Article 17 of Indian Constitution Untouchability (Abolition of Untouchability)

Article 17 of Indian Constitution: Untouchability (Abolition of Untouchability) Article 17 Untouchability (Abolition of Untouchability) - Constitution of India “Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of  Untouchability” shall be an offence punishable in accordance with law. Constitution Of India ...

 

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