right to freedom
TRANSCRIPT
FREEDOM OF SPEECH AND EXPRESSION
Article 19(1)(a)
Right to speak and to express one’s opinions
Expression through any medium or visible
representation
It includes liberty of press
Basic human right
L.I.C. of India vs Manubhai D. Shah
Speech is God’s gift to mankind
Freedom of speech is a natural right
SCOPE AND CONTENT OF FREEDOM
Right to know and to obtain information
Facet of speech and expression
Right to access to the source of information
State of Maharashtra vs Rajendra Gandhi
case
Right to fly the national flag
RELATED CASE STUDY
Maneka Gandhi vs Union of India
No geoghraphical limitations
Exchange thoughts and ideas outside of India
also
REASONABLE RESTRICTIONS[ARTICLE 19(2)]
Security of state
Serious form of public disorder
Friendly relations with foreign states
Foreign relation act 1932
Public order
Public peace and safety
Decency or Morality
R.Y.Prabhoo vs P.K. Kunte
FREEDOM OF ASSEMBLY
o It comes under article 19(1)(b) & 19(3)
o Under freedom of assembly, people are entitled to
gather peaceably with groups of other people to
pursue mutual interests and goals. This concept is
closely linked with the right to free association, a
human right that pertains to joining associations
and organizations.
o The right to assembly is used to argue that as long
as people are not inciting violence or creating
a clear and present danger , they have the right to
gather in groups to exchange information and
ideas.
REASONABLE RESTRICTIONS ON FREEDOM OF
ASSEMBLY
The right to hold assembly conferred to article 19(1)(b) is, however, not absolute.
It is subjected to following restrictions
[i] the assembly must be peaceful
[ii] it must be unarmed
[iii] the state may impose reasonable restrictions under clause (3)of article 19 in the interests of public order or sovereignty and integrity of India
Public order
The restriction must be regulatory and not to prohibitive in nature
Himmat Lal Vs Police Comissioner Mumbai
No right to hold assembly on private property
Railway Board Vs Niranjan Singh
FREEDOM TO FORM ASSOCIATION
This comes under 19(1)(C) and 19(4)
It includes to form companies , societies , partnership , and trade union etc.
o Freedom of association is a civil right that mandates that people are allowed to join any associations they wish, without interference.
o Conversely, people are also allowed to reject membership in organizations. This addresses situations like organizing trade unions, preventing employers from pressuring their staff into refusing to join the union. It also ensures that people are not forced to join associations they do not wish to join.
o Freedom of association and government
employees
P. Balakothaih Vs Union of India case
In this case the supreme court distinguish between
the right to be a member of an association and right
to continue in government services
o Right to association and armed forces
o In O.K. Nair Vs union of India case, important
question arose whether civilian employees
designted as non-combatants such as
cooks,chowkidars,barbers,mechanics etc attached
to the defence establishments have right to form
association or not.
o the right to form association does not carry right to
recognition
o The right to form association does not carry right to
strike
o Also it does not carry the right to inform rival union
Right subjected to reasonable restrictions
The right guaranted under article 19(1)(c) is not
absolute article 19(4) specifically empowers the
state to make any law fetter , abridge or abrogate
the right by imposing reasonable restrictions
the prevention of terrorism act,2002 was
enacted to protect the sovereignty and integrity of
India from the means of terrorism
State of Madras vs V. G. row
RIGHT TO MOVEMENT AND
RESIDENCE
Freedom to movement [Article 19-1 (d)]
Scope of Article 19-1 (d)
“Right to locomotion”
Freedom to residence [Article 19-1 (e)]
Article 19-1 (d) & (e) are complementary
Objectives of article 19-1 (d) & (e)
Right to shelter included
case study : Avas Evam Vikas Parishad v. Friends
Co-operative Housing Society Ltd.
Dhan bahadur ghorti vs State of Assam
FREEDOM OF
PROFESSION,OCCUPATION,TRADE
&BUSINESS
Article 19-1 (g)
Basic definitions
Occupation
Profession
Trade
Business
SCOPE OF ARTICLE 19-1(G)
Not to start or to close down a business
No right to hold particular job of one’s choice
Fertilizer corporation Kamgar union
vs Union of India
No right to carry on any anti-social or dangerous
activity - Res Extra-commercium
Right to carry on business or trade in liquor
State of A.P vs Mcdowell & co
No right to carry business with government
India is a secular country with no officially
recognized religions.
India’s Constitution provides that “all persons are
equally entitled to freedom of conscience and the
right freely to profess, practise and propagate
religion.”
RELATED ARTICLES ARE :
Article 25: Freedom of conscience and free
profession, practice and propagation of religion
Article 26: Freedom to run religious affairs
Article 27: No person shall be compelled to pay
any tax for the promotion or maintenance of any
religion
Article 28: Freedom as to attendance at religious
instruction or religious worship in certain
educational institutions
ARTICLE 25
Clause 1 provides :
“Subject to public order , morality and health and to
the other provisions of this part , all persons are
equally entitled to freedom of conscience and the
right freely to profess , practise and propagate
religion . ”
THIS CLAUSE SECURES TO EVERY PERSON –
i. Freedom of conscience
ii. The right to : -
(a) Profess religion
-to make an open declaration
(b) Practise religion
- practices which constitute integral and essential part of religious practise
- Masood Alam v. Commisioner of Police
- State of Bombay v. Narasu Appa Mali
(c) Propagate religion
- to spread and publicise one’s religious views
- Rev Stainslav v. State of Madhya Pradesh
The article 25 is subjected to :
• Public order , morality , health and other provisions of part 3
- Gulam Abbas v. State of U.P
• Regulation or restriction of economic , financial , political or other secular activity associated with religious practice
- Mohd. Hanif Quereshi v. State of Bihar
• Social welfare and reforms- Venkataramana Devaru v. State of Mysore
ARTICLE 26
FREEDOM OF RELIGION OF RELIGIOUS
DENOMINATIONS
o Article 26 provides : “ Subject to public order, morality and health, every religious denomination or any section thereof shall have right-
(a) to establish & maintain institutions for religious & charitable purposes ;
(b) to manage its own affairs in matters of religion
(c) to own and acquire movable and immovable property and
(d) to administer such property in accordance with the law.
RELIGIOUS DENOMINATION
It must be a collection of individuals who have a
system of beliefs or doctrines which they regard as
conducive to their spiritual well-being, i.e. A
common faith;
It must have a common organisation;
It must be designated by a distinctive name.
Case studies :
- Sri. Adi Visheshwara of Kashi Vishwanath Temple,
Varanasi vs. State of U.P.
- Bramchari Siddheshwar Shai vs. State of W.B.
ART. 26 CLAUSE (A)
RIGHT TO ESTABLISH AND MAINTAIN INSTITUTIONS
o Guarantees to every “religious denomination” or
any section thereof the right “to establish and
maintain institutions for religious and charitable
purposes”.
o Includes “the right to exclude the profession or
practices belonging to other religions”.
Case studies :
- Sanjib Kumar vs. St. Paul College.
- Azeez Basha vs. Union of India.
ART. 26 CLAUSE (B)
RIGHT TO MANAGE MATTERS OF RELIGION
Guarantees to every “religious denomination” the right “to manage its own affairs in matters of religion”.
“Matters of religion” :
includes religious practices, rites and ceremonies essential for the practising of religion.
would not include the religious practices unless those practices are found to constitute essential and integral part of a religion.
Case study :
- Commer. of Police vs. Acharya J. Avadhutta
ART. 26 CLAUSE (C) & (D)
RIGHT TO OWN AND ADMINISTER PROPERTY
Clause (c) secures to a religious denomination or
any section thereof “the right to own and acquire
movable and immovable property”.
Clause (d) further strengthens this right by
guaranteeing to the denomination “the right to
administer such property in accordance with law”.
Case study :
- Ratilal Panachand Gandhi vs. State of Bombay
ARTICLE 27
FREEDOM FROM PAYMENT OF TAXES FOR
PROMOTION OF ANY PARTICULAR RELIGION
“ no person shall be compelled to pay any taxes the
proceeds of which are specifically appropriated in
payment of expenses for the promotion or
maintenance of any particular religion or religious
denominations ”.
Objective :
To protect secular characteristics of the
Constitution of India
NOTE :-
- Article 27 prohibits the levy of ‘tax’ and not the imposition of a ‘fee’ .
- it does not prohibit :
(i) reconstruction of religious and educational places damaged during communal riots , at the cost of government
(ii)land acquisition for temple meant for public use
(iii)programme held by Government of India to honour those who have contributed to India’s cultural heritage .
Case Study :
Sri Jagannath v. State of Orissa , The Orissa Hindu religious endowment Act, 1939.
ARTICLE 28
PROHIBITION OF RELIGIOUS INSTRUCTIONS IN
EDUCATIONAL INSTITUTIONS
Clause (1) of Art. 28 provides “No religious instruction shall be provided in any educational institution wholly maintained out of State funds”.
Clause (3) further provides “No person attending any educational institution recognized by the State of receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto ”.
Clause (2), an exception to Clause (1) provides that
the prohibition contained in Clause (1) “would not
apply to an educational institution which is
administered by the State but has been established
under any endowment or trust which requires that
religious instruction shall be imparted in such
institution”.
Case studies :
- D.A.V. College, Jullundur vs. State of Punjab
- Aruna Roy vs. Union of India