my ad unit

Tuesday, September 27, 2011

Q. What are the freedoms available to citizens under the Fundamental Rights ? Are those freedoms unlimited?

Ans. Originally, seven freedoms were provided in Article 19(1) of the Constitution, but. in 1978, by 44th Constitution Amendment right to acquire and dispose property was deleted from the Constitution. Thus, at present. there are only six types of freedom available to Indian citizens under the Fundamental Rights, which are given below-
All Citizens of India shall have the right—
(a) to freedom of speech and expression;
b) to assemble peacefully and without arms:
(c) to form associations or unions:
(d) to move freely throughout the the territory of India;
(e) to reside and settle in any part of the territory of India: and
(1) to practice any profession. or to carry on any occupation, trade or business.
These freedoms are available only to Indian citizens. Also, these arc not absolute and unlimited. The Constitution has authorised the Slate to impose reasonable restrictions on these freedom in the larger interest .

of general public. Sections (2) and (6) of Article 19 itself describe these re S tr ic Ii Ofl S.
1. Freedom of speech and expression in article 19 (1) (a)—The freedom is concerned with the communication of ideas expressed through speech. newspapers or other means of communication. Thus, it also includes the freedom of the press. The Supreme Court, in. two separate cases Romesh Thapar Vs. State of Madras (1950) and Srinivas Vs. State of Madras (1951) held the same view. The following are the constitutional grounds to impose restrictions on the freedom of speech and expression
(1) security of State;
(ii) sovereignty and integrity of
(iii) friendly relations with foreign States;
(iv) public order;.
(v) decency and morality;
(vi) in relation to contempt of court:
(vii) defamation; or
(viii) incitement of an offence.
2. Freedom of peaceful Assembly—The citizens of India have the right to assembly peaceably without arms, hold peaceful public meetings and demonstrations. But the following grounds of restrictions which can he imposed on this freedom arc given in the Constitution—
(i) the assembly or meeting should he peaceful and without arms;
(ii) sovereignty and integrity of India;
(iii) public order.
According to provisions of Indian Penal Code, the assembly of five or more than five people may he declared illegal. if the purpose of the persons assembling is—
(i) to violate any law or order of the government:
(ii) to forcibly occupy the property of some person;
(iii) to force some person for doing an illegal work;
(iv) to threaten the government or  its officials for using force or coercion.
The government of a State can declare an area of’ the State as protect

ted area on the apprehension of disturbance of law and order and impose restrictions on the assembly of people in such area.
3. Freedom of forming Associations or Unions—The citizens of India have been given freedom of forming associations and unions under the provisions of Article 19( 1)(c) of the Constitution. The Constitution also mentions the following grounds for imposing reasonable restrictions on this freedom—
(I) sovereignty and integrity of India;
(ii) public order; or
(iii) morality.
Thus, the State can impose restriction on the freedom of forming associations, if the same goes against the above grounds. The persons belonging to different professions like teachers, employees, laborers, etc. can form their respective unions (Ruling of Supreme Court in( O. K. Ghosh Vs. E. X. Joseph). However, the Supreme Court further ruled in. All India Bank Employees Association Vs. The National Industrial Tribunal case, that the trade unions do not enjoy right to declare strike or lockout. Thus, the strike and lockout may be declared illegal by the government.
4. Freedom of moving freely throughout the territory of India— Article l9(1)(d) provides to the citizens of India the right to move freely throughout the territory of India. The Supreme Court of India explained in Kharag Singh Vs State of U.P. that this freedom entitles every citizen to move freely in any part of the country, while keeping in view the grounds of reasonable restrictions given in Section 5 of Article 19 itself.
The grounds of imposing reasonable restrictions on this freedom are the interests of general public or the protection of interests of any Scheduled Tribe. The Supreme Court, in its decision in Uttar Pradesh Vs. Kaushalya (1964), held that it is reasonable to remove a prostitute from a particular place or area or to impose restriction on movement of such persons in the public interest. In the case of Govind Vs. State of M.P., the question whether right to privacy is a fundamental right or not’ came for discussion and the Court ruled that the privacy of a person’ should be violated only in view of an’ action which is more important than the privacy of a person.
Since, the Scheduled Tribes have their own distinct culture, it is reason able to restrict the entry of outsiders in such tribal areas.
5. Freedom to reside and settle—In terms of Article 19(1)(e), every citizen of the country has the freedom to reside and settle in any part of the territory of India. However, the State can impose reasonable restrictions on this freedom on the grounds of interests of general public or the protection of interests of any Scheduled Tribe. In many parts of the country, the tribal have been permitted to regulate their property rights in accordance with their customary rules and laws. Thus, it is reasonable to restrict the outside persons to settle in these tribal areas.
6. Freedom to practice profession—According to Article 19(1 )(g), all citizens of India have freedom to practice any profession, or to carry on any occupation, trade or business. The Section 6 of this Article specifies the following grounds for imposing reasonable restrictions on the exercise of this freedom—
(i) public interest;
(ii) prescribing professional or technical qualifications necessary for practicing any profession or carrying on any occupation; or
(iii) exclusion of citizens from any occupation or profession or business which is being carried on by the State or by a corporation owned by the State.
The freedom to practice a profession also includes freedom to close down a profession. The Supreme Court, in the case of Axel Beer Vs. Union of India (1979) ruled that the right to close down a profession is a part of the right to practice a profession. Like any other right, this right is also limited and reasonable restrict ions in public interest can be imposed on the exercise of this right also.
Article 19(l)(g) of the Constitution does not give right to practice any legal or invalid profession but it entitles a person to choose a legal profession or occupation. In the case of Lakhanlal Vs. State of Orissa (1977), the Supreme Court ruled that any citizen does not have a fundam ental right to practise business in intoxicant drugs.
The State can impose restriction on the trade of dangerous materials like arms or the sale and purchase of women on the grounds of general public interest. The government can also control and regulate other such professions and occupations. Again, the State has the right to nationalize private industry and business in the public interest.

No comments:

Post a Comment