Right to Freedom in Indian Constitution covering Articles 19 to 22, including six freedoms, protection of rights, and safeguards for individuals.
Fundamental Rights of the Indian Constitution: Article 19-22
Right to Freedom
Protection of Six Rights
Article 19 grants six core freedoms exclusively to Indian citizens:
(i) Right to freedom of speech and expression
(ii) Right to assemble peaceably without arms
(iii) Right to form associations, unions, or co-operative societies
(iv) Right to move freely across the territory of India
(v) Right to reside and settle in any part of India
(vi) Right to practise any profession or engage in any lawful occupation, trade, or business
Originally, there were seven rights under Article 19, but the right to acquire, hold, and dispose of property was removed through the 44th Amendment Act of 1978.
These freedoms apply only against state action — not against private individuals — and are available only to citizens and certain shareholders, not to foreigners or purely legal entities like corporations.
The State may impose ‘reasonable’ restrictions solely on the grounds provided within Article 19.
Freedom of Speech and Expression
This right allows citizens to express views, beliefs, and opinions through words, writing, printing, pictures, or any other medium.
The Supreme Court recognises that it includes:
(a) Right to propagate one’s own and others’ views
(b) Freedom of the press
(c) Right to commercial advertising
(d) Protection against phone tapping
(e) Right to telecast (no government monopoly over electronic media)
(f) Protection against forced participation in political shutdowns (bandh)
(g) Right to know about government activities
(h) Freedom to remain silent
(i) Protection against pre-censorship of newspapers
(j) Right to peaceful demonstrations and picketing (but not to strike)
Grounds for reasonable restrictions include sovereignty, state security, foreign relations, public order, decency, morality, contempt of court, defamation, and incitement to offence.
Freedom of Assembly
Citizens can gather peacefully and unarmed, including for public meetings, demonstrations, and processions.
It applies only on public land and does not protect violent, disorderly, armed, or riotous gatherings.
Reasonable restrictions can be placed for sovereignty, integrity, and public order (including traffic management).
Under Section 144 of the Criminal Procedure Code (1973), a magistrate can prohibit gatherings if they pose threats to safety, health, or peace.
Section 141 of the Indian Penal Code defines an unlawful assembly (five or more persons) if its purpose is to resist law, occupy property forcibly, commit trespass/mischief, compel illegal acts, or threaten the government.
Freedom of Association
This includes forming political parties, unions, societies, clubs, firms, or organisations.
Also covers the negative right to not join any association.
Restrictions can be based on sovereignty, public order, and morality.
Recognition of an association is not a fundamental right.
The Supreme Court clarified that trade unions lack an inherent right to strike, bargain effectively, or declare lockouts; such activities may be regulated by industrial laws.
Freedom of Movement
Covers free travel across states and regions within India, promoting unity over regionalism.
Restrictions can be for public interest or protection of scheduled tribes.
Entry into tribal areas is restricted to preserve culture, language, customs, and safeguard property from exploitation.
The Supreme Court upheld movement restrictions on grounds like public health (e.g., AIDS-related controls) and morality.
Has two dimensions:
(i) Internal — protected under Article 19
(ii) External — covered by Article 21 (right to travel abroad and return)
Freedom of Residence
Entitles citizens to live temporarily or settle permanently anywhere in the country.
Promotes national integration by removing internal barriers.
Restrictions may be imposed for public interest or to protect scheduled tribes.
In tribal areas, local customs often govern property rights to prevent exploitation.
The Supreme Court has allowed certain areas to be restricted for individuals such as prostitutes or habitual offenders.
This right overlaps with the freedom of movement, both complementing each other.
Freedom of Profession, Occupation, Trade, or Business
Provides the right to choose and pursue any lawful livelihood activity.
Restrictions may be placed in the public interest.
The State may:
(a) Set professional/technical qualifications
(b) Operate trade, business, industry, or service — even as a monopoly, partially or fully excluding citizens
Immoral (e.g., trafficking) or dangerous (e.g., explosives) trades can be absolutely prohibited or licensed.
Protection in Conviction and Personal Liberty
Protection in Respect of Conviction for Offences
Article 20 safeguards individuals — whether citizens, foreigners, or legal entities like companies — from arbitrary and excessive punishment.
It provides three specific protections:
(i) No ex-post-facto law — No one shall be (a) convicted for an act that was not an offence when committed, or (b) subjected to a penalty harsher than what was applicable at the time of the act.
(ii) No double jeopardy — No one shall be tried and punished more than once for the same offence.
(iii) No self-incrimination — An accused person cannot be compelled to testify against themselves.
Ex-post-facto laws are retrospective criminal laws that impose or enhance penalties on past actions. They are prohibited only in criminal law, not in civil or tax law.
This protection applies only to conviction and sentencing under such laws, not to the trial process, and does not extend to preventive detention or security demands.
The double jeopardy safeguard applies solely to judicial or tribunal proceedings, not to administrative or departmental actions.
The self-incrimination protection covers both oral and documentary evidence but excludes:
(i) Compelled production of physical objects
(ii) Thumb impressions, specimen signatures, blood samples
(iii) Physical examination of the body
It applies only to criminal cases, not civil or non-criminal proceedings.
Protection of Life and Personal Liberty
Article 21 states: No person shall be deprived of life or personal liberty except according to a procedure established by law.
This right is available to both citizens and non-citizens.
In the A.K. Gopalan case (1950), the Supreme Court held that this protection applied only against executive action, not legislative action, due to the wording "procedure established by law" — unlike "due process of law" in the U.S. Constitution.
The Court ruled that laws prescribing a procedure could not be challenged for being unfair or unreasonable, and defined "personal liberty" narrowly.
In the landmark Maneka Gandhi case (1978), the Court reversed this view, holding that:
(i) The procedure must be fair, just, and reasonable.
(ii) Protection under Article 21 extends against both legislative and executive actions.
(iii) The right to life includes living with dignity and encompasses all aspects that make life meaningful.
The term Personal Liberty was interpreted broadly to include a wide range of human freedoms.
Rights Recognised under Article 21
(1) Right to live with human dignity
(2) Right to a healthy environment, clean water, and air; protection from hazardous industries
(3) Right to livelihood
(4) Right to privacy
(5) Right to shelter
(6) Right to health
(7) Right to free education up to 14 years
(8) Right to free legal aid
(9) Right against solitary confinement
(10) Right to a speedy trial
(11) Right against handcuffing
(12) Right against inhuman treatment
(13) Right against delayed execution
(14) Right to travel abroad
(15) Right against bonded labour
(16) Right against custodial harassment
(17) Right to emergency medical aid
(18) Right to timely medical treatment in government hospitals
(19) Right not to be expelled from a state
(20) Right to a fair trial
(21) Right of prisoners to basic necessities
(22) Right of women to be treated with dignity
(23) Right against public hanging
(24) Right to be heard
(25) Right to information
(26) Right to reputation
(27) Right to appeal against conviction
(28) Right to social security and family protection
(29) Right to social and economic justice
(30) Right against bar fetters
(31) Right to an appropriate life insurance policy
(32) Right to sleep
(33) Right to freedom from noise pollution
(34) Right to electricity
Right to Education
Constitutional Provision
Article 21A mandates the State to provide free and compulsory education to children aged 6 to 14 years, in a manner decided by the State.
This provision covers only elementary education — not higher or professional education.
Introduced by the 86th Constitutional Amendment Act, 2002, it marked a major step towards achieving “Education for All” and was hailed by the government as “the dawn of the second revolution” in citizens’ rights.
Before this, Article 45 in Part IV (Directive Principles) urged free and compulsory education but was unenforceable by courts.
Post-amendment, Article 45 now requires the State to ensure early childhood care and education for children until age six.
A new fundamental duty under Article 51A was added: Parents/guardians must provide educational opportunities to children aged 6–14 years.
Judicial Recognition
In 1993, the Supreme Court recognised the right to primary education as part of the right to life under Article 21.
Every child has the right to free education until age 14, after which it depends on the State’s resources and development.
This ruling overturned the 1992 judgement, which had declared a fundamental right to education up to any level, including professional courses like medicine or engineering.
Right of Children to Free and Compulsory Education Act, 2009
Passed in line with Article 21A, the RTE Act guarantees every child full-time elementary education of equitable quality in a formal school meeting essential norms and standards.
It is founded on the belief that equality, social justice, and democracy can only thrive through inclusive elementary education.
Protection Against Arrest and Detention
Types of Detention
Punitive detention — imposed after conviction for an offence.
Preventive detention — to stop a person from committing an offence in the near future; based on suspicion, not punishment for a past act.
Article 22 is divided into two parts — one for ordinary law and another for preventive detention law.
Rights Under Ordinary Law (First Part of Article 22)
(i) Right to be informed of arrest grounds
(ii) Right to consult and be defended by a legal practitioner
(iii) Right to be produced before a magistrate within 24 hours (excluding travel time)
(iv) Right to release unless further detention is authorised by a magistrate
These do not apply to enemy aliens or those under preventive detention laws.
The Supreme Court clarified these protections exclude arrests by court orders, civil arrests, tax default detentions, or alien deportations — they apply only to criminal or quasi-criminal acts affecting public interest.
Rights Under Preventive Detention (Second Part of Article 22)
(i) Detention cannot exceed three months unless an advisory board of High Court judges approves longer detention.
(ii) Grounds of detention must be communicated, except where public interest is at risk.
(iii) The detainee must have an opportunity to make a representation against the order.
Parliament may set:
(a) Cases allowing detention beyond three months without advisory board opinion
(b) Maximum detention periods for different case classes
(c) Advisory board inquiry procedures
The 44th Amendment Act, 1978 reduced this no-board period from three to two months, but it is not yet enforced.
Legislative Powers Over Preventive Detention
Parliament has exclusive power over detention laws related to defence, foreign affairs, and national security.
Both Parliament and state legislatures can make laws for state security, public order, and essential supplies/services.
