Right To Freedom In Indian Constitution: Overview

Right To Freedom In Indian Constitution: Overview

Question: Right to Freedom is one of the key fundamental rights in the Indian Constitution. Elaborate.

• Right to freedom is one of the most important fundamental rights of the Indian Constitution

• The prevalence of freedom gives meaning to democracy in India

• Original constitution in 1949 guaranteed 7 freedoms; By the 44th AA, one right namely right to hold and dispose of property has been removed from the list of fundamental freedoms in the year 1978.

• A19 of the Indian Constitution now provides six rights to freedoms, namely :

- Right to freedom of speech and expression
- Right to assemble peaceably and without arms;
- Right to establish associations or unions
- Right to move freely throughout the territory of India ;
- Right to reside and settle in any part of the territory of India ;
- Right to practice any profession or to carry on any occupation trade or business.

• Each of the 6 freedoms is subject to limitations because rights can never be absolute

• Individual rights are reconciled with those of the community

Exceptions to A19

• State may impose restriction on freedom of speech and expression on 8 grounds:

- Defamation,
- Contempt of court,
- Decency/morality,
- Security of the state,
- Friendly relations with other states,
- Incitement of offence and,
- Sovereignty and
- Integrity of India.

• Freedom to assemble is subject to 2 restrictions namely assembly must be peaceable and the members of assembly must not bear arms.

• Right to form associations or unions does not entitle persons to enter into criminal conspiracy either against individuals, communities, groups or the state.

• Right to move freely or to reside and settle in any part of India will not cover trespassing into homes or restricted areas. This freedom may also be restricted to protect the aboriginal tribes.

• Constitution guarantees freedom to practice any profession or to carry on any occupation, trade or business subject to reasonable restrictions.

Facts and Stats

• Restrictions to the freedoms are mentioned in the Constitution itself unlike the US Constitution

• This has led to judicial interpretation. For example in A. K. Gopalan vs. State of Madras case, the judge observed that” There cannot be any such thing as absolute or uncontrolled liberty wholly freed from restraints.”