article 19 of Indian Constitution

article 19 of indian constitution

right of freedom [protection of six rights]

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; and
(f) omitted (Omitted by the 44th AA, 1978 – Right to property was omitted from this article
and shifted to A 300A)
(g) to practice any profession, or to carry on any occupation, trade or business

article19 [1](a)

right to freedom of speech and expression

  • every citizen has right to express his views , belief ,opinions and convictions through writing ,printing , mouth , picturing , or in other manner.

reasonable restriction :

  • on the ground o sovereignity , integrity of India , secularity of state ,public order , decency , morality , defamation , contempt of court .

positives and negative of social media in term of freedom of speech and expression :

positives

  • positive change in society , transparency , regulating social media , awareness about current issue , employment generation , made responsible to  the govt ,ground reality of schemes , help to find resources of terrorist activities ,exploration to the world through media ,justice to the people , fame and work to the people ,cultural exchange ,government know about the public opinions ,can form various groups to express ourselves .

negatives

  • fake id ,misinformation ,hateful messages , pornography ,confidential matters exposed also in national security , bad image in whole world, government misuse for example like in elections , morphing of images ,degrades mental health .

RIGHT TO INFORMATION:

it is a fundamental right which is implicit under article 19.

  • there are two organizations made under this act
  • if a citizen want to seek information from the central government but does not get a reply he /she can approach the CENTRAL INFORMATION COMMISIION
  • similarly, there is a STATE INFORMATION COMMISION
  • the chairman and members will be appointed by the respective governments
  • in 2019 the act was amended and now the term and salary of members of CIC AND SIC will be decided by the Central Government
  • Is the chief justice of India  under RTI?

yes it is under RTI

NDRF [National Disaster Response Fund]
PM CARE FUND
  • MADE due to the recommendations of eleventh finance commission
established by PM
  • For disasters cyclone ,hailstorm , dry spell etc
for Covid-19
  • Chairman -P.M and department of agriculture and cooperation under the ministry of agriculture and farmer welfare will monitor disasters like Drought, pest attack , hailstorms , frost or cold wave .while the rest of the calamities are monitored by ministry of home affairs
Chairman -P.M

and has nominated other members who are the defence minister , home minister and the finance minister

  • can be audited by C.A.G [ATICLE 148] and  RTI  is applicable
cant be audited by CAG and RTI is not applicable

 

right to strike

STRIKES-not a fundamental right , it is legal right .

industrial relation code 2019

  • 7 or more members of trade union  can get themselves rejistered and they will themselves representative of the workers who want to strike
  • a notice period of 60 days before striking need to be given and an employee can strike within 14 days of giving such a notice
  • lockout means temporary closure of an establishment , suspension of work , refusal to continue emloying workers
  • layoff -inability of an employer to give employment to a worker

article19 [1](b]

right to assembly

to assemble peaceably and without arms

reasonable restriction

LOCKDOWN :
  • enforced by district magistrate or chief medical officer under the epidemic diseases act 1897.
  • power to restrict assembly of five or more people.
  • essential services like hospitals , grocery , banks, will be opened.
  • police cant arrest anyone who is violating the lockdown , but can issue a warning .
CURFEW:
  • enforced by an order by the collector and police commissioner .
  • essential services are shut down but emergency services like hospital are open
  • only administration and police personnel can move around on the streets.

article19 [1](c]

right to association

  • right to form associations or unions
  • reasonable restriction =Sovereignty , intergrity  , public order or morality
  • right to association also includes right to not associate .
  • it also includes right to choose whom to associate with .

reasonable restriction

on the ground o sovereignity , integrity of India , secularity of state ,public order , decency , morality

article 19{1} [d]

FREEDOM TO MOVE FREELY THOROUGHOUT THE TERRITORY OF INDIA

 

article 19{1}[e]

freedom to reside and settle in any part of the territory of India .

reside :temporary place

settle :permanent place

reasonable restriction of both 19 {1} [d and e ]

  • in the interest of general public or for the protection of scheduled tribes example in :in inner line permit areas , Himachal , Uttarakhand areas .

article 19 [1] {f}

Right to Property

By the 44th amendment act 1978 Right to Property was omitted from 19 [1] {f}  and shifted to article 300[a]

aticle19 {1}[g]

right to  freedom to profession , trade or commerce .

  • profession :lawyer , doctor
  • occupation : plumber, carpenter , painter etc
  • trade: sale and purchase of goods etc
  • business : production +marketing ,purchase and sale of goods etc

reasonable restriction

  • in the interest of general public or state prescribed professional or technical qualifications or where state excludes participation of the private sector completely or partially .
  • the right also not include to carry any trade , profession , that is immoral {trafficking of children and women ] and harmful [like drugs or explosives]

 

 

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