Which article deals with 6 freedoms

Q.  Freedom of speech and expression includes

1) Right to strike
2) Freedom of commercial advertisements
3) Freedom of silence

- Published on 21 Feb 17

a. 2, 3
b. 1, 2
c. 1, 3
d. All of the above

ANSWER: 2, 3
 
  • Article 19 guarantees to all citizens six rights.

  • These are :
    1. Right to freedom of speech and expression.
    2. Right to assemble peaceably and without arms.
    3. Right to form associations or unions or co-operative societies.
    4. Right to move freely throughout the territory of India.
    5. Right to reside and settle in any part of the territory of India.
    6. Right to practice any profession or to carry on any occupation, trade or business.

  • Originally, Article 19 contained seven rights.

  • But, the right to acquire, hold and dispose of property was deleted by the 44th Amendment Act of 1978.

  • 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 the Article 19 itself and not on any other grounds.

  • Freedom of Speech and Expression - It implies that every citizen has the right to express his views,opinions, belief and convictions freely by word of mouth, writing, printing, picturing or in any other manner.

  • The Supreme Court held that the freedom of speech and expression includes the following :

    1. Right to propagate one’s views as well as views of others.
    2. Freedom of the press.
    3. Freedom of commercial advertisements.
    4. Right against tapping of telephonic conversation.
    5. Right to telecast, that is, government has no monopoly on electronic media.
    6. Right against bundh called by a political party or organization.
    7. Right to know about government activities.
    8. Freedom of silence.
    9. Right against imposition of pre-censorship on a newspaper.
    10. Right to demonstration or picketing but not right to strike.

  • The State can 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 offence.

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