Article 19

• Article 19 guarantees to all citizens ‘Right to Freedom’. It lays down the six rights. These are:
  • Right to freedom of speech and expression.
  • Right to assemble peaceably and without arms.
  • Right to form associations or unions or co-operative societies.10a
  • Right to move freely throughout the territory of India.
  • Right to reside and settle in any part of the territory of India.
  • Omitted.
  • Right to practice any profession or to carry on any occupation, trade, or business.
• These six rights are protected against only state action and not private individuals.
• Moreover, these rights are available only to the citizens and to shareholders of a company but not to foreigners or legal persons like companies or corporations, etc.
• The State can impose ‘reasonable restrictions on the enjoyment of these six rights only on the grounds mentioned in Article 19 itself and not on any other grounds.

More about Article 19

• Article 19(2) confers the right on the State to impose reasonable restrictions on the exercise of the freedom of speech and expression on the grounds of, Sovereignty and integrity of India, Security of the state, friendly relations with foreign states, Public order, decency or morality, Contempt of court, defamation, and incitement to an offense.
• Article 19(6) confers the right of the State to impose reasonable restrictions on the exercise of Freedom of Profession in the interest of the general public. Further, the State is empowered to:
  • Prescribe professional or technical qualifications necessary for practicing any profession or carrying on any occupation, trade, or business; and.
  • Carry on by itself any trade, business, industry, or service whether to the exclusion (complete or partial) of citizens or otherwise.

Why in news?

Recently, Supreme Court has delivered the verdict on a bunch of petitions challenging the restrictions imposed on internet services and the movement of people in Jammu and Kashmir.

Supreme Court’s observation on Article 19

• Freedom of speech and expression and the freedom to practice any profession or carry on any trade, business, or occupation over the medium of the internet enjoy constitutional protection under Article 19(1)(a) and Article 19(1)(g).
• The restriction upon such fundamental rights should be in consonance with the mandate under Article 19 (2) and (6) of the Constitution, inclusive of the test of proportionality.
• On Section 144 of CrPC: The court also directed the Centre to publish all prohibitory orders in force, future orders under Section 144 of the CrPC, and orders suspending telecom services, including the internet, so that affected citizens can challenge them in the high court or another appropriate forum.
  • When Sec 144 is imposed for reasons of apprehended danger, that danger must be an “emergency”.
  • Powers under Sec 144 should be exercised in a reasonable and bona fide manner, and the order must state material facts in order to enable judicial review.

Internet as Fundamental Right and its implications in India

The phrase ‘Right to the Internet’ may be conceived as having twofold explications: the primary being over the issue of access to the content over the Internet and reasonable restrictions; and the second being the issue of availability of necessary infrastructure and technologies to access the Internet in the first place.

• Internet is a conduit that paves way for the realization of Fundamental Rights guaranteed under Articles 19(1) (a), (g), and Article 21A of the Constitution of India.
• Judiciary declaring the Internet as FR would update a crucial aspect of democratic existence to the information age.
• It would place India in the league of progressive jurisdictions, and begin to harmonize our legal outlook with that of the United Nations Human Rights Council, which upheld net access as a human right in 2016.
• However, we know that rights are not absolute in India and it comes with reasonable restrictions” under specified circumstances.
• It is a well-settled principle that individual freedoms are granted only so long as they do not violate the rights of others.
• Freedom of speech, for example, must not clash with other imperatives like law and order. For example, hate speech that promotes enmity between different groups is explicitly banned under Section 153A of the Indian Penal Code.
• The judiciary while declaring the Internet is an FR has given administrations space to restrict its access on the condition that it’s proportionate to the problem identified.
• Therefore, the government’s while formulating clear guidelines on internet shutdowns would ensure that the guidelines are in consonance with the Court’s ruling.