Right to freedom and its reasonable restrictions (Articles 19 to 22)
Article 19 gives six freedoms, each with reasonable restrictions. Articles 20 to 22 protect people accused of crimes, guard life and liberty, and set rules for arrest.
Article 19: the six freedoms and their limits
| Freedom | Grounds on which the State may restrict it |
|---|---|
| Speech and expression | Sovereignty, integrity and security of India; friendly relations with foreign States; public order; decency or morality; contempt of court; defamation; incitement to an offence |
| Assemble peacefully and without arms | Sovereignty and integrity of India; public order |
| Form associations and unions | Sovereignty and integrity of India; public order; morality |
| Move freely throughout India | Interests of the general public; protection of Scheduled Tribes |
| Reside and settle in any part of India | Interests of the general public; protection of Scheduled Tribes |
| Practise any profession, occupation, trade or business | Interests of the general public; the State may also fix professional or technical qualifications |
What 'reasonable restriction' means
A reasonable restriction is a fair limit that the State may place on a freedom to protect other people or the country. Freedom is not a licence to harm others. The freedoms exist to keep democracy working well. Who decides whether a limit is fair? According to the Constitution, only the courts can decide, not the government. This stops the State from using restrictions to crush freedom.
Articles 20, 21 and 22: protection of the person
| Article | Protection | In simple words |
|---|---|---|
| 20 | In respect of conviction for offences | No punishment for an act that was not a crime when it was done. No punishment greater than the law allowed then. No one tried and punished twice for the same offence. No one forced to be a witness against himself or herself. |
| 21 | Of life and personal liberty | Life and personal liberty can be taken away only by the procedure established by law. |
| 22 | Against arrest and detention | Told the grounds of arrest as soon as possible; may consult and be defended by a lawyer of one's choice; produced before the nearest magistrate within 24 hours. Under a preventive detention law (holding a person to stop a likely crime), an Advisory Board must review the case within three months. |
Activity: match each freedom with a fair limit
Cover the notes, try each match yourself, then check. Ask: does the limit protect other people or the country?
- 1Freedom of speech and expressionLimit: you may not use words that stir up communal violence, or falsely damage someone's good name.
- 2Freedom to assembleLimit: the gathering must be peaceful, and no one may carry weapons.
- 3Freedom to form associations and unionsLimit: no one may form a group to help terrorist activity.
- 4Freedom to move freelyLimit: movement can be stopped in an area hit by violence, for example during a curfew.
- 5Freedom to reside and settleLimit: outsiders may be kept from settling in protected tribal areas or right next to a defence airfield.
- 6Freedom of profession, trade or businessLimit: no one may run an illegal trade such as selling narcotic drugs, and only a qualified person may work as a doctor.
A curfew after a riot, or police permission needed for a protest march, is a reasonable restriction on movement or assembly. Article 22 is why police must take an arrested person before a magistrate within 24 hours.
1 marks: “Within how many hours must an arrested person be produced before the nearest magistrate?” Within 24 hours of arrest (Article 22), except under a preventive detention law.
2 marks: “What protection does Article 20 give to a person accused of a crime?” No punishment for an act that was not an offence when done; no greater punishment than the law then allowed; not punished twice for the same offence; not forced to be a witness against oneself.
3 marks: “Describe any three reasonable restrictions on the freedoms given in Article 19.” Speech: may be limited for the security of India, public order, decency, defamation or contempt of court. Assembly: must be peaceful and without arms, and may be limited for public order. Profession: the State may fix qualifications and ban harmful trades. Only the courts decide whether a restriction is reasonable.
Article 19 = six freedoms: Speech, Assembly, Associations, Movement, Residence, Profession ("Six Ants Always March Right Past"). Then 20 crimes, 21 life, 22 arrest.