Rights are the claims of an individual on an authority. Human rights may be defined as those conditions of social life without which no individual can be at his/her best self. Hence, they are necessary for a dignified human existence. When certain human rights are written down in a Constitution and are protected by constitutional guarantees, they are called fundamental rights. The Right to Freedom is amongst the 6 Fundamental Rights guaranteed by the Indian Constitution to its citizens. The UPSC Indian Polity and Governance Syllabus include Right To Freedom (Articles 19 - 22) which is described in this article.

Right to Freedom (Articles 19 - 22) - Constitutional Provisions

Articles 19-22 in Part III of the Indian Constitution contain the right to freedom which is considered as the heart of the Indian Constitution as it gives the basic and most vital rights to the citizens of India.

Article 19(1) provides that all citizens shall have the right-

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; 

f) 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.

Restriction on Freedom of Speech and Expression

Freedom of speech and expression is not absolute. Article 19(2) imposes restrictions on the right to freedom of speech and expression. The reasons for such restrictions are in the interests of:

1. Security
2. Sovereignty and integrity of the country
3. Friendly relations with foreign countries
4. Public order
5. Decency or morality
6. Hate speech
7. Defamation
8. Contempt of court

The Constitution provides people with the freedom of expression without fear of reprisal, but it must be used with caution, and responsibly.

Article 20

• The article provides protection in case of conviction in certain cases.
• The State shall not enact ex post facto criminal legislation, i.e. the criminal laws are not to be given a retrospective but a prospective effect.
• The State shall not practice double jeopardy, i.e. punishing an individual twice for the same offense
• The State shall not compel an individual to provide self-incriminating evidence(A person cannot be compelled to give a statement against himself so that the statement can be used in a court of Law to punish him.

Article 21 

• Article 21 holds that nobody should be deprived of their right to life and personal liberty except according to the procedure established by the Law.
• This article on the face can appear to be colorless, but it has received the widest interpretations by the Judiciary and has led to the emergence of a large number of inferred rights. 
• Inferred rights are those rights that are not mentioned explicitly in the Constitution but are considered to be a part of the guaranteed rights due to the liberal interpretations by the Judiciary. 

Some of them are-

• Right to a dignified life
• Right to reputation
• Right to shelter
• Right against torture and cruel punishments
• Right of couples to adopt children to make their lives more meaningful
• Right to a speedy trial
• Right of the accused to not be kept with the convicted in jails
• Right to Privacy
• Right to a bail
• Right to travel abroad, and so on 

Under Article 21, a procedure has been established by the Law. Under this procedure, if a case relating to this article is presented before the court, the court must take into consideration the following aspects:

• If there is a law already in existence related to the case or not
• If the law has been enacted by a competent authority(the Parliament and State Legislatures) or not.
• If the law has been enacted by following “due process” or not.

The concept of “Due Process of Law” is present in the American Constitution. In India, the Supreme Court in the Maneka Gandhi Case, in 1978, held that the courts while interpreting the Article 21 can take into consideration “Due process of Law” along with the procedures established by the Law.

Under Due process of Law, the Court must take into consideration the aspect that “whether the law is just, fair and reasonable or not.”

The Court must also follow the Principles of natural justice, which guarantee:

1. The right to be heard by an unbiased Tribunal
2. The right to have notice of charges of misconduct,
3. The right to be heard in answer to that charge

Article 21A provides with the Right to free and compulsory education for children from the age of six to fourteen. This article was inserted into the Constitution through the 86th Constitutional Amendment Act, 2002. It was previously present in Article 45, Part IV in the Directive Principles of State Policy in the Indian Constitution.

Article 22 provides protection in case of arrest and detention in certain cases.

It guarantees 3 procedural rights to the affected individuals They are:

• A person must be told the reason for his/her arrest so that he can make necessary arrangements for his defense.
• A person must be presented before the nearest magistrate within 24 hours of his/her arrest
• A person must be put in custody only for the time specified by the magistrate-in-charge.

However, there are a few exceptions to these rights. They are not available to Enemy aliens -

1. Those arrested under the “Preventive Detention” laws.

Detentions are of two types :

1. Punitive: This detention is used after a crime has been committed and an investigation or a trial has taken place
2. Preventive: This detention is used on the ground of suspicion if a person is suspected to indulge in a future crime.

However, a person cannot be detained beyond three months, until and unless recommended by a committee headed by a judge of the concerned High Court.

The importance of Article 19 (1) of the Constitution, which guarantees freedom of expression

Liberty to Communicate

• Liberty to communicate beliefs and ideas without impediment, and especially without fear of punishment, is important for the growth of a society and, ultimately, for the development of a state. 
• It is one of the most crucial fundamental freedoms that is protected from state repression or limitation.

Self-development

• Each person's right to self-development and fulfillment includes the right to free expression. Restrictions stifle the development of our personalities. 
• The contemplative mind, is aware of options and opportunities for improvement. Other essential liberties are inextricably tied to freedom of speech. 
• As a result, freedom of speech and expression is critical for the full development of a person's individuality.
• Freedom of expression is a democratic value that serves as a bulwark for democratic government. 
• This freedom is necessary for the democratic process to function properly since it permits citizens to criticise the government. 
• Freedom of speech and expression offer up channels of free conversation in a democracy. The right to free speech is critical in shaping public opinion on social, political, and economic issues.

Ensures plurality

• Freedom of Speech reflects and reinforces pluralism, validating variety and boosting the self-esteem of those who adopt a specific lifestyle.

Article 19 (2) specifies the following safeguards: Article 19(2) empowers the state to enact regulations restricting freedom of speech as long as they are reasonable in the following areas:

Interests in India's sovereignty and integrity

• The 16th constitutional amendment act introduced sovereignty and integrity of India as a ground under Article 19 (2). 
• This was in response to the stressful situation that existed in many sections of the country. 
• Its goal is to give suitable authority to impose limitations on those persons or organisations that wish to use secession or disintegration from India as a political tool to win elections.
• The term "security of the state" exclusively refers to significant and exacerbated kinds of public order, such as revolt, waging war against the state, and insurgency, as opposed to routine breaches of public order and safety. 
• Thus, individual comments or expressions that instigate or encourage the commission of serious crimes, such as murder, are items that would jeopardise the state's security.
• The First Amendment Act of 1951 included the premise of friendly ties with foreign states. 
• The purpose of the article is to ban unrestricted hostile propaganda against a foreign friendly state that could jeopardise India's good relations with that country. 
• It is important to remember that members of the Commonwealth, including Pakistan, are not considered foreign states under this Constitution. 
• As a result, restrictions on freedom of speech and expression cannot be imposed on the basis that the issue is harmful to Pakistan.
• In the interest of decency or morality, Sections 292 to 294 of the Indian Penal Code provide examples of limits on freedom of speech and expression. These clauses make it illegal to sell, distribute, or display filthy words, among other things, in public areas. The morality norm changes over time and from location to place.
• Restriction on freedom of speech and expression can be imposed if it goes beyond a reasonable and fair limit and constitutes contempt of court. It can be either civil or criminal contempt, according to Section 2 of the Contempt of Court Act.

Defamation or incitement to commit an offence 

• Defamation occurs when a comment is made that harms a person's reputation. A man is defamed when he is subjected to hostility, mockery, or contempt. 
• In India, the civil law of defamation is still uncodified and subject to various exceptions.

The importance of these precautions and the need for them:

Freedom is combined with responsibility

• Individual rights that are absolute and unconstrained cannot exist in a modern state. When freedom is combined with responsibility, it becomes more meaningful. 
• Freedom of speech and expression, like any other right, must be balanced against other social ideals. 
• Individual liberty is not unlimited and is subject to the common good of all.
• In the collective interest of society, certain allowed prior constraints and restrictions on freedom of speech and expression are made. 
• The right to free speech and expression must be balanced against the collective interest of society, sometimes known as public interest.

Other people's rights

• Freedom of speech and expression is naturally limited by other people's rights in society. Any speech that has the potential to hurt a significant number of people and their rights must be restricted by the government. 
• In Maneka Gandhi v. Union of India, the Supreme Court declared that reasonable restrictions must be imposed so that the rights of others are not harmed or affected by the actions of one person.

State security 

• To protect the state's security and sovereignty, restrictions are required. 
• A speech can incite separatist feelings and be used to propagate hatred towards the state. Reasonable constraints safeguard the state's and residents' safety.
• The term "reasonable limits" is not defined in the Constitution. The Supreme Court of India, in Narottamdas v. State of M.P., affirmed the following factors for determining the reasonableness of restrictions:

Non-arbitrary

• The term "reasonable restriction" means that a restriction placed on a person's ability to exercise a right should not be arbitrary or disproportionate.
• The nature of the restriction and the process established by the statute for implementing the restrictions on individual freedom should be considered by the court when considering the reasonableness of the statute. 
• The reasonableness of a statute is determined not only by its text but also by its procedural elements.

Objectivity

The acceptability of a restriction must be judged objectively and in the public interest, rather than from the perspective of those who are subjected to the limits or on the basis of abstract factors.

Enforcing the Directive Principles of State Policy

• A restriction imposed for the purpose of securing the purposes outlined in the Directive Principles of State Policy may be considered a justifiable restriction.
• India is a democratic country, and citizens have a constitutionally protected right to freedom of speech and expression, which they can exercise through the Indian legal system. 
• The people of India created the Indian Constitution, which guarantees freedom of speech and expression in order to ensure a free and equitable society. 
• The courts have supported the limitations that can be imposed, but they have also stated that the government's involvement in this freedom must be limited. One of the most important human rights is freedom of expression.

Issues Concerning Freedom of Expression

Broad-Terms & Negligence 

• The tension between people's freedom and appropriate constraints frequently leads to government abuse of authority, as evidenced by the government's employment of the Sedition Act under section 124A of the Indian Penal Code.
• Taking this into account, the Supreme Court ruled in Kedar Nath Singh vs State Of Bihar, 1962, that “sedition will apply exclusively to conduct intended to cause disruption or disturbance of public peace via the use of violence.”
• However, because these categories are so broad, the law of sedition is frequently misapplied, and Supreme Court instructions are frequently disregarded.

Non-Obstante Clause

• Like numerous other articles in the Indian Constitution's Fundamental Rights chapter, Article 19 has a non-obstante clause, which means that these rights are subject to reasonable limitations such as law and order, national sovereignty and security, and so on.
• The First Amendment to the Indian Constitution was largely responsible for the inclusion of these clauses under article 19(2).
• When the government must strike a balance between citizens' freedom and legitimate limits, however, it frequently results in a difficult situation and a compromise on freedom rights.

Disproportionate Judicial Remedy

• In recent years, the judicial system has become a luxury, with rich and influential media houses and journalists receiving bail fast while independent journalists and smaller media organisations have their bail delayed or denied.
• New Legal Tool: In addition to being prosecuted with sedition and other violations, the free press now faces the more rigorous Unlawful Activities (Prevention) Act, 2019, which could lead to indefinite detention.
• Religion's Perspective: Even if religion is not specifically mentioned as a permissible constraint under Article 19(2), religious offence politics pose a significant threat to freedom of speech and expression.
• This may be seen in the recent instance of the web series, whose creators and cast are facing charges despite numerous apologies.

Way forward

• The higher judiciary should use its supervisory powers to educate the magistrates and the police on the fundamental protections for free speech.
• Narrowing the Term of Sedition Law: The definition of sedition should be narrowed to solely cover matters relevant to India's territorial integrity and sovereignty.
• Media Ethics: It is critical that the media adhere to basic concepts such as truth and accuracy, transparency, independence, fairness and impartiality, responsibility, and fair play when it comes to their responsibility.
• Strengthening the Institutional Framework: News regulating agencies (the Press Council of India and the News Broadcasters Association) should be empowered to impose effective checks and balances over the media, rather than the government.

Conclusion

It is important to understand that freedom is a fundamental value that is worth pursuing for its own sake, freedom is necessary and useful for peace and prosperity, and also for unrestricted individual growth and development. It is what India as a nation was founded upon.

FAQs

Q1: What are Articles 19 to 22 of the Indian Constitution?

Q2: What does Article 19 protect?

Q3: What restrictions can be imposed on the rights under Article 19?

Q4: What does Article 21 ensure?

Q5: What is the significance of Article 22?

MCQs

1. Which of the following articles guarantees freedom of speech and expression?

a) Article 19

b) Article 21

c) Article 22

d) Article 20

2. Under which article is the right to life and personal liberty guaranteed?

a) Article 20

b) Article 21

c) Article 19

d) Article 22

3. What is the maximum period for which a person can be detained without being informed of the grounds of arrest under Article 22?

a) 24 hours

b) 48 hours

c) 72 hours

d) 7 days

4. Which article provides protection against preventive detention?

a) Article 19

b) Article 21

c) Article 22

d) Article 20

5. Which of the following is NOT a ground for imposing restrictions on the freedom of speech under Article 19?

a) Sovereignty

b) Public order

c) Criticism of government

d) Morality

GS Mains Questions and Model Answers

Q1: Discuss the significance of Articles 19 to 22 in safeguarding individual freedoms in India.

Answer: Articles 19 to 22 of the Indian Constitution play a crucial role in protecting individual freedoms. Article 19 enshrines fundamental rights such as freedom of speech and expression, assembly, and association, which are vital for a democratic society. Article 21 further strengthens these rights by guaranteeing the right to life and personal liberty, ensuring individuals cannot be deprived of these rights arbitrarily. Article 22 complements these protections by safeguarding citizens from unlawful detention, thereby promoting a just legal system and reinforcing the rule of law. Together, these articles establish a framework for individual rights that is essential for the functioning of democracy and the protection of civil liberties.

Q2: Evaluate the balance between individual rights and state security as illustrated in Articles 19 to 22.

Answer: Articles 19 to 22 exemplify the tension between individual rights and state security. While they guarantee fundamental freedoms, they also provide the state with the authority to impose restrictions on these rights for reasons such as public order and national security. Article 19 allows the state to limit freedoms if deemed necessary for the greater good, which raises concerns about potential misuse of power. However, Article 22 ensures that individuals have protection against arbitrary arrest and detention, thereby establishing a check on state power. This balance is vital for maintaining order while respecting individual liberties, highlighting the need for a fair legal framework that protects both rights and security.

Q3: Analyze how the provisions of Articles 19 to 22 reflect the principles of justice and equity in Indian democracy.

Answer: The provisions of Articles 19 to 22 reflect the principles of justice and equity by enshrining fundamental rights that protect individual freedoms and uphold the dignity of every citizen. Article 19 fosters an environment where citizens can express their opinions and assemble peacefully, promoting democratic participation. Article 21 reinforces the right to life, ensuring that personal liberties are not infringed without due process, thereby advocating for equitable treatment under the law. Article 22 provides safeguards against arbitrary actions by authorities, ensuring that justice is accessible to all. Together, these articles form the bedrock of a democratic society where individual rights are respected, and justice is administered fairly.

Previous Year Questions on  Right to Freedom Article 19 to 22

1. UPSC CSE 2020

Question: "Examine the role of Articles 19 to 22 in promoting human rights in India." 

Answer: Articles 19 to 22 are pivotal in promoting human rights in India by guaranteeing fundamental freedoms that are essential for human dignity. Article 19 enshrines various freedoms such as speech, assembly, and movement, fostering an environment where individuals can express themselves and participate in democratic processes. Article 21 further guarantees the right to life and personal liberty, ensuring that citizens are protected from arbitrary actions. Article 22 enhances these rights by providing safeguards against unlawful detention, thereby reinforcing the principle that every individual is entitled to justice and fair treatment. Collectively, these articles embody the spirit of human rights, ensuring that individuals can live freely and with dignity.

2. UPSC CSE 2021

Question: "Discuss the limitations and challenges of Articles 19 to 22 in the context of contemporary Indian society."

Answer: Articles 19 to 22, while fundamental to individual rights, face significant challenges in contemporary Indian society. The broad scope for imposing restrictions under Article 19 has led to concerns about the potential misuse of power by authorities, particularly in suppressing dissent and curtailing freedom of expression. Moreover, issues such as preventive detention under Article 22 can undermine civil liberties if not regulated properly. The challenge lies in balancing state security with individual freedoms, especially in a rapidly changing socio-political landscape. There is an ongoing debate about the need for reforms to ensure that these rights are protected while maintaining public order and safety, highlighting the delicate equilibrium required in a democratic society.