Article 19

Some people are arguing that the JNU’s students have done no wrong in organising a meeting to honour Afzal Guru who was hanged for plotting an attack on the Parliament in 2001 where anti-India slogans are allegedly raised.

The JNU student union leader is behind the bars on the charge of sedition (Section 124A). The right to freedom of speech guaranteed in Article 19 (Protection of certain rights regarding freedom of speech, etc) of the Constitution is not absolute, however.

Article 19 is the most important and key Article which embodies the “basic freedoms.” Article 19(1) provides that all citizens shall have the right (originally 7, now 6): (a) to freedom of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India; omitted by 44th Amendment act. It was right to acquire, hold and dispose of property); (g) to practice any profession, or to carry on any occupation, trade or business.

However, Freedom of Speech and Expression is not absolute. As of now, there are 8 restrictions on the freedom of speech and expression. These are in respect of the sovereignty and integrity of the country. These 8 restrictions are: Security of the state; Friendly relations with foreign states; Public order; Decency or morality; Contempt of Court; Defamation; Incitement to offence; and Sovereignty and integrity of India.

These 8 restrictions were embodied in their current form in the Constitution First Amendment Bill 1951. This was necessitated by Romesh Thapar v. State of Madras (1950). In this case the entry and circulation of the English journal “Cross Road”, printed and published in Bombay, was banned by the Government of Madras.

The Supreme court held in this case that, unless a law restricting the freedom of speech and expression were directed solely against the undermining of the security of the state or its overthrow, the law could not be held a reasonable restriction though it sought to impose a restraint for the maintenance of public order.

When a proclamation of emergency is made under article 352, article 19 itself remains suspended. The Constitution does not make any special / specific reference to the Freedom of Press. The protagonists of the “free Press” called it a serious lapse of the Drafting committee. However, the freedom of expression includes freedom of press.