Fundamental Rights(Part 2)

Question 1

Art 19 - provision, available to/against

Answer 1

19(1)(a) - freedom of speech and expression
19(1)(b) - assemble peacably and without arms
19(1)(c) - to form associations or unions or cooperatives
19(1)(d) - to move freely throughout the territory of India
19(1)(e) - to reside and settle in any part of the territory of India
19(1)(g) - to practice any profession or to carry on any occupation, trade or business

Available to - only citizens
Available against - state action

Question 2

Freedom of speech and expression - includes/doesn’t include and restrictions

Answer 2

As per SC, SandE includes:
1. Propagate one’s views
2. Right against tapping of telephonic conversation
3. Freedom of press, commercial ad
4. Right against bandh
5. Right to silence

Doesn’t include - right to strike

Reasonable restrictions as per Art 19(2)-
1. Sovereignty and integrity of nation
2. Security of state
3. Friendly relations with foreign state
4. Public order
5. Decency or morality
6. Contempt of court
7. Defamation
8. Incitement of an offence

Question 3

Freedom of assembly - includes/doesn’t include and reasonable restrictions

Answer 3

Includes - peaceful assembly like public meetings, public processions, demonstration that too on public land without arms

Doesn’t include - right to strike and doesn’t protect violent, disorderly, riotous assembly

Reasonable restrictions -
As per Article 19(3) - S and I of India and public order