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Are Rights under Article 19 Absolute?

Last updated on Aug 23, 2022

The rights guaranteed under Article 19(1) are not completely free from restraint. Each right is subject to a different set of reasonable restrictions. These reasonable restrictions are listed under clauses (2) to (6) of Article 19 [Article 19(2) – Article 19(6)]. 

Fundamental right under Article 19 Grounds for corresponding restrictions
Freedom of speech and expression Article 19(2)

  • sovereignty and integrity of India 
  • security of the State 
  • friendly relations with foreign States 
  • public order 
  • decency or morality 
  • contempt of court 
  • defamation 
  • incitement to an offence
Freedom to assemble peaceably and without arms Article 19(3)

  • sovereignty and integrity of India 
  • public order
Freedom to form associations or unions Article 19(4)

  • sovereignty and integrity of India 
  • public order 
  • morality
Freedom to move freely throughout the territory of India Article 19(5)

  • in the interests of the general public 
  • for the protection of the interests of any Scheduled Tribe
Freedom to reside and settle in any part of the territory of India Article 19(5)

  • in the interests of the general public 
  • for the protection of the interests of any Scheduled Tribe
Freedom to practise any profession, or to carry on any occupation, trade or business Article 19(6)

  • in the interests of the general public
  • the professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business, or
  • the State or a State owned/controlled corporation can carry out any trade, business, industry or service, excluding citizens completely or partially 

 

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