Article 19 – Protection of Certain Rights Regarding Freedom
of Speech, etc.
Introduction
If democracy is a living tree, then Article 19 is one
of its strongest branches. It guarantees freedom to citizens — freedoms
that allow us to express ourselves, associate with others, and move or work
anywhere in India. But these freedoms are not absolute; they come with reasonable
restrictions to balance individual liberty with public order and security.
Text and Scope of Article 19
Clause (1): Fundamental Freedoms
Article 19(1) guarantees six freedoms to all citizens of
India:
1. Freedom of
Speech and Expression – The right to express opinions through words,
writing, printing, pictures, or any other means.
2. Freedom to
Assemble Peaceably and Without Arms – Right to hold meetings, rallies,
protests, and processions.
3. Freedom to
Form Associations or Unions or Co-operative Societies – For
professional, political, cultural, or social purposes.
4. Freedom to
Move Freely Throughout the Territory of India – Travel without
restrictions within the country.
5. Freedom to
Reside and Settle in Any Part of India – Choose where to live, without
barriers.
6. Freedom to
Practise Any Profession, or to Carry On Any Occupation, Trade, or Business – Economic
liberty.
Clause (2) to (6): Reasonable Restrictions
These freedoms can be restricted on specific grounds:
- Freedom
of Speech and Expression – Can be restricted for
sovereignty, integrity of India, security of the State, friendly relations
with foreign states, public order, decency, morality, contempt of court,
defamation, incitement to an offence.
- Freedom
of Assembly – Restricted for public order, sovereignty, and
integrity.
- Freedom
of Association – Restricted for public order, morality, and
sovereignty.
- Freedom
of Movement – Restricted for security, public interest, and
protection of Scheduled Tribes.
- Freedom
of Residence – Restricted for similar reasons as movement.
- Freedom
of Profession – Restricted for public interest, technical
qualifications, and professional ethics.
Historical Background
- Colonial
India: British often suppressed speech and assembly through
laws like the Sedition Act of 1870.
- Post-Independence:
Article 19 was included to give citizens freedoms denied under British
rule, but also to ensure national security and social harmony.
- First
Constitutional Amendment, 1951: Added more grounds for
restricting freedom of speech due to challenges from court cases like Romesh
Thappar v. State of Madras (1950) and Brij Bhushan v. State of
Delhi (1950).
Judicial Interpretation
- Romesh
Thappar v. State of Madras (1950) – Freedom of speech is the
foundation of democracy.
- Shreya
Singhal v. Union of India (2015) – Struck down Section 66A of
the IT Act for being vague and chilling free speech online.
- Maneka
Gandhi v. Union of India (1978) – Freedom of movement can’t
be curtailed arbitrarily.
- Indian
Express Newspapers v. Union of India (1985) –
Press freedom is part of Article 19(1)(a).
Examples in Practice
- Allowed:
- Criticizing
government policies peacefully.
- Starting
a trade or business with proper licensing.
- Holding
a candlelight vigil without arms.
- Not
Allowed:
- Hate
speech or incitement to violence.
- Forming
an association with anti-national objectives.
- Trespassing
into protected tribal areas without permission.
Why Article 19 Matters
- Protects
political democracy by enabling participation.
- Balances
individual liberty with collective security.
- Provides
a framework for civil society to thrive.
MCQs – Article 19: Protection of Certain Rights Regarding
Freedom of Speech, etc.
1. How many freedoms are guaranteed under Article 19(1)?
a) 5
b) 6
c) 7
d) 8
Answer: b) 6
2. Which of the following is NOT a freedom under Article
19(1)?
a) Freedom of speech and expression
b) Freedom of peaceful assembly
c) Freedom of religion
d) Freedom to form associations
Answer: c) Freedom of religion
3. The right to practise any profession is provided
under Article:
a) 19(1)(g)
b) 19(1)(f)
c) 21
d) 16(1)
Answer: a) 19(1)(g)
4. Which Article guarantees freedom to assemble
peacefully without arms?
a) 19(1)(b)
b) 19(1)(c)
c) 19(1)(d)
d) 19(1)(a)
Answer: a) 19(1)(b)
5. The First Constitutional Amendment Act, 1951, added
restrictions to:
a) Freedom of movement
b) Freedom of speech
c) Freedom to form associations
d) Freedom to practise a profession
Answer: b) Freedom of speech
6. Which of the following is NOT a ground for
restricting freedom of speech?
a) Public order
b) Decency
c) Caste discrimination
d) Defamation
Answer: c) Caste discrimination
7. Which landmark case struck down Section 66A of the IT
Act?
a) Maneka Gandhi v. Union of India
b) Shreya Singhal v. Union of India
c) Romesh Thappar v. State of Madras
d) Indira Gandhi v. Raj Narain
Answer: b) Shreya Singhal v. Union of India
8. Which freedom allows citizens to move from one state
to another?
a) 19(1)(a)
b) 19(1)(b)
c) 19(1)(d)
d) 19(1)(e)
Answer: c) 19(1)(d)
9. Reasonable restrictions on freedom of assembly are
allowed in the interest of:
a) Economic growth
b) Morality
c) Friendly relations with foreign states
d) Public order
Answer: d) Public order
10. Freedom to form co-operative societies is under
Article:
a) 19(1)(c)
b) 19(1)(b)
c) 19(1)(e)
d) 19(1)(a)
Answer: a) 19(1)(c)
11. Which freedom can be restricted for the protection of
Scheduled Tribes?
a) Freedom of speech
b) Freedom of residence
c) Freedom of profession
d) Freedom of assembly
Answer: b) Freedom of residence
12. “Freedom of the Press” is included under which
freedom?
a) Freedom of speech and expression
b) Freedom of profession
c) Freedom of association
d) None of these
Answer: a) Freedom of speech and expression
13. Who called freedom of speech “the foundation of all
democracy”?
a) B.R. Ambedkar
b) Jawaharlal Nehru
c) Justice Patanjali Sastri
d) Mahatma Gandhi
Answer: c) Justice Patanjali Sastri
14. Which case held that freedom of movement cannot be
curtailed arbitrarily?
a) Menaka Gandhi v. Union of India
b) Romesh Thappar v. State of Madras
c) Kesavananda Bharati v. State of Kerala
d) A.K. Gopalan v. State of Madras
Answer: a) Menaka Gandhi v. Union of India
15. Freedom of profession can be restricted on the basis
of:
a) Public order
b) Technical qualifications
c) Friendly relations with foreign states
d) Defamation
Answer: b) Technical qualifications
16. Freedom to reside anywhere in India is in:
a) 19(1)(d)
b) 19(1)(e)
c) 19(1)(g)
d) 19(1)(c)
Answer: b) 19(1)(e)
17. Which ground is NOT mentioned for restricting freedom
of speech under Article 19(2)?
a) Sovereignty of India
b) Integrity of India
c) Maintenance of public health
d) Friendly relations with foreign states
Answer: c) Maintenance of public health
18. Article 19 is available to:
a) All persons
b) Only citizens of India
c) Citizens and foreigners
d) None of these
Answer: b) Only citizens of India
19. The right to hold a peaceful protest is part of:
a) 19(1)(a)
b) 19(1)(b)
c) 19(1)(c)
d) 19(1)(d)
Answer: b) 19(1)(b)
20. Which freedom was removed by the 44th Constitutional
Amendment?
a) Freedom to acquire, hold and dispose property
b) Freedom of residence
c) Freedom of speech
d) Freedom of association
Answer: a) Freedom to acquire, hold and dispose property
21. The case “Romesh Thappar v. State of Madras” dealt
with:
a) Freedom of movement
b) Freedom of speech
c) Freedom of profession
d) Freedom of assembly
Answer: b) Freedom of speech
22. Freedom to trade within India without state barriers
is under:
a) 19(1)(g)
b) 19(1)(d)
c) 301
d) 19(1)(e)
Answer: a) 19(1)(g)
23. Which ground was added to Article 19(2) by the First
Amendment?
a) Public order
b) Defamation
c) Contempt of court
d) Morality
Answer: a) Public order
24. The right to Internet access as part of freedom of
speech was upheld in:
a) Puttaswamy case
b) Shreya Singhal case
c) Anuradha Bhasin case
d) Menaka Gandhi case
Answer: c) Anuradha Bhasin case
25. Freedom of movement is suspended during:
a) President’s rule
b) Financial emergency
c) Martial law in an area
d) Ordinary law and order situation
Answer: c) Martial law in an area
a) Freedom of residence
b) Freedom of speech and expression
c) Freedom to move freely
d) Freedom to practise a profession
Answer: b) Freedom of speech and expression
27. Which Article empowers Parliament to impose
reasonable restrictions on Article 19 rights?
a) Article 32
b) Article 33
c) Article 35
d) Article 50
Answer: b) Article 33
28. Right to information flows from which freedom?
a) Freedom to form associations
b) Freedom of speech and expression
c) Freedom of profession
d) Freedom of movement
Answer: b) Freedom of speech and expression
29. Which freedom was at issue in Indian Express
Newspapers v. Union of India?
a) Freedom to assemble
b) Freedom of press
c) Freedom to move
d) Freedom to form associations
Answer: b) Freedom of press
30. Which is NOT a reasonable restriction on freedom of
speech?
a) Decency or morality
b) Defamation
c) Friendly relations with foreign states
d) Economic stability
Answer: d) Economic stability
31. Freedom to form political parties is covered under:
a) 19(1)(a)
b) 19(1)(b)
c) 19(1)(c)
d) 19(1)(e)
Answer: c) 19(1)(c)
32. In which case did the SC say that advertisements are
a form of speech?
a) Tata Press Ltd. v. MTNL
b) Shreya Singhal v. Union of India
c) Anuradha Bhasin v. Union of India
d) LIC v. Manubhai
Answer: a) Tata Press Ltd. v. MTNL
33. Freedom of movement is subject to:
a) Public order and morality
b) Public order and sovereignty
c) Interests of the general public and protection of Scheduled Tribes
d) Interests of foreign states
Answer: c) Interests of the general public and protection of Scheduled
Tribes
34. Which freedom is essential for carrying out trade and
commerce?
a) 19(1)(c)
b) 19(1)(g)
c) 19(1)(e)
d) 19(1)(b)
Answer: b) 19(1)(g)
35. Which case first recognized the freedom of the press
in India?
a) Romesh Thappar v. State of Madras
b) Menaka Gandhi v. Union of India
c) Shreya Singhal v. Union of India
d) Sakal Papers v. Union of India
Answer: a) Romesh Thappar v. State of Madras
36. “Public order” as a ground for restricting speech was
added by:
a) 1st Amendment
b) 7th Amendment
c) 42nd Amendment
d) 44th Amendment
Answer: a) 1st Amendment
37. Which freedom is vital for social movements?
a) Freedom of residence
b) Freedom to form associations
c) Freedom of movement
d) Freedom of profession
Answer: b) Freedom to form associations
38. Who can impose reasonable restrictions on Article 19
rights?
a) President
b) Parliament or State Legislature
c) Supreme Court
d) Governor
Answer: b) Parliament or State Legislature
39. Which case involved the suspension of Internet
services in J&K?
a) Shreya Singhal v. Union of India
b) Anuradha Bhasin v. Union of India
c) Romesh Thappar v. State of Madras
d) Tata Press Ltd. v. MTNL
Answer: b) Anuradha Bhasin v. Union of India
40. Which freedom was removed from Article 19 by the 44th
Amendment?
a) Freedom of movement
b) Freedom to acquire property
c) Freedom of profession
d) Freedom of speech
Answer: b) Freedom to acquire property
41. Freedom of speech includes:
a) Commercial advertisements
b) Right to remain silent
c) Artistic expression
d) All of the above
Answer: d) All of the above
42. Which of the following freedoms can be restricted for
the interest of the general public?
a) Freedom of residence
b) Freedom to form associations
c) Freedom of profession
d) Both a and c
Answer: d) Both a and c
43. In which case did SC strike down a pre-censorship
order on a newspaper?
a) Romesh Thappar v. State of Madras
b) Brij Bhushan v. State of Delhi
c) Sakal Papers v. Union of India
d) Bennett Coleman v. Union of India
Answer: b) Brij Bhushan v. State of Delhi
44. Freedom of residence can be restricted to:
a) Protect public order
b) Protect interests of Scheduled Tribes
c) Maintain decency
d) Avoid defamation
Answer: b) Protect interests of Scheduled Tribes
45. Which is an implied freedom under Article 19(1)(a)?
a) Right to vote
b) Right to know
c) Right to property
d) Right to privacy
Answer: b) Right to know
46. Freedom to practise any profession is subject to:
a) Technical qualifications
b) Professional regulations
c) State monopoly in certain trades
d) All of the above
Answer: d) All of the above
47. In which case was “right to fly the national flag”
held part of Article 19(1)(a)?
a) Shreya Singhal case
b) Naveen Jindal case
c) Anuradha Bhasin case
d) Menaka Gandhi case
Answer: b) Naveen Jindal case
48. Which is NOT a right under Article 19(1)?
a) Freedom to manage religious affairs
b) Freedom of speech and expression
c) Freedom to move freely
d) Freedom to practise any profession
Answer: a) Freedom to manage religious affairs
49. The Supreme Court has held that right to criticism is
protected under:
a) 19(1)(a)
b) 19(1)(b)
c) 19(1)(c)
d) 19(1)(g)
Answer: a) 19(1)(a)
50. Freedom under Article 19 can be suspended:
a) Only during a financial emergency
b) Only during a national emergency
c) At any time by Parliament
d) Never
Answer: b) Only during a national emergency
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