Right to freedom

RIGHT TO FREEDOM & right to freedom of RELIGION

FREEDOM OF SPEECH AND EXPRESSION

Article 19(1)(a)

Right to speak and to express one’s opinions

Expression through any medium or visible

representation

It includes liberty of press

Basic human right

L.I.C. of India vs Manubhai D. Shah

Speech is God’s gift to mankind

Freedom of speech is a natural right

SCOPE AND CONTENT OF FREEDOM

Right to know and to obtain information

Facet of speech and expression

Right to access to the source of information

State of Maharashtra vs Rajendra Gandhi

case

Right to fly the national flag

RELATED CASE STUDY

Maneka Gandhi vs Union of India

No geoghraphical limitations

Exchange thoughts and ideas outside of India

also

REASONABLE RESTRICTIONS[ARTICLE 19(2)]

Security of state

Serious form of public disorder

Friendly relations with foreign states

Foreign relation act 1932

Public order

Public peace and safety

Decency or Morality

R.Y.Prabhoo vs P.K. Kunte

FREEDOM OF ASSEMBLY

o It comes under article 19(1)(b) & 19(3)

o Under freedom of assembly, people are entitled to

gather peaceably with groups of other people to

pursue mutual interests and goals. This concept is

closely linked with the right to free association, a

human right that pertains to joining associations

and organizations.

o The right to assembly is used to argue that as long

as people are not inciting violence or creating

a clear and present danger , they have the right to

gather in groups to exchange information and

ideas.

REASONABLE RESTRICTIONS ON FREEDOM OF

ASSEMBLY

The right to hold assembly conferred to article 19(1)(b) is, however, not absolute.

It is subjected to following restrictions

[i] the assembly must be peaceful

[ii] it must be unarmed

[iii] the state may impose reasonable restrictions under clause (3)of article 19 in the interests of public order or sovereignty and integrity of India

Public order

The restriction must be regulatory and not to prohibitive in nature

Himmat Lal Vs Police Comissioner Mumbai

No right to hold assembly on private property

Railway Board Vs Niranjan Singh

FREEDOM TO FORM ASSOCIATION

This comes under 19(1)(C) and 19(4)

It includes to form companies , societies , partnership , and trade union etc.

o Freedom of association is a civil right that mandates that people are allowed to join any associations they wish, without interference.

o Conversely, people are also allowed to reject membership in organizations. This addresses situations like organizing trade unions, preventing employers from pressuring their staff into refusing to join the union. It also ensures that people are not forced to join associations they do not wish to join.

o Freedom of association and government

employees

P. Balakothaih Vs Union of India case

In this case the supreme court distinguish between

the right to be a member of an association and right

to continue in government services

o Right to association and armed forces

o In O.K. Nair Vs union of India case, important

question arose whether civilian employees

designted as non-combatants such as

cooks,chowkidars,barbers,mechanics etc attached

to the defence establishments have right to form

association or not.

o the right to form association does not carry right to

recognition

o The right to form association does not carry right to

strike

o Also it does not carry the right to inform rival union

Right subjected to reasonable restrictions

The right guaranted under article 19(1)(c) is not

absolute article 19(4) specifically empowers the

state to make any law fetter , abridge or abrogate

the right by imposing reasonable restrictions

the prevention of terrorism act,2002 was

enacted to protect the sovereignty and integrity of

India from the means of terrorism

State of Madras vs V. G. row

RIGHT TO MOVEMENT AND

RESIDENCE

Freedom to movement [Article 19-1 (d)]

Scope of Article 19-1 (d)

“Right to locomotion”

Freedom to residence [Article 19-1 (e)]

Article 19-1 (d) & (e) are complementary

Objectives of article 19-1 (d) & (e)

Right to shelter included

case study : Avas Evam Vikas Parishad v. Friends

Co-operative Housing Society Ltd.

Dhan bahadur ghorti vs State of Assam

FREEDOM OF

PROFESSION,OCCUPATION,TRADE

&BUSINESS

Article 19-1 (g)

Basic definitions

Occupation

Profession

Trade

Business

SCOPE OF ARTICLE 19-1(G)

Not to start or to close down a business

No right to hold particular job of one’s choice

Fertilizer corporation Kamgar union

vs Union of India

No right to carry on any anti-social or dangerous

activity - Res Extra-commercium

Right to carry on business or trade in liquor

State of A.P vs Mcdowell & co

No right to carry business with government

India is a secular country with no officially

recognized religions.

India’s Constitution provides that “all persons are

equally entitled to freedom of conscience and the

right freely to profess, practise and propagate

religion.”

RELATED ARTICLES ARE :

Article 25: Freedom of conscience and free

profession, practice and propagation of religion

Article 26: Freedom to run religious affairs

Article 27: No person shall be compelled to pay

any tax for the promotion or maintenance of any

religion

Article 28: Freedom as to attendance at religious

instruction or religious worship in certain

educational institutions

ARTICLE 25

Clause 1 provides :

“Subject to public order , morality and health and to

the other provisions of this part , all persons are

equally entitled to freedom of conscience and the

right freely to profess , practise and propagate

religion . ”

THIS CLAUSE SECURES TO EVERY PERSON –

i. Freedom of conscience

ii. The right to : -

(a) Profess religion

-to make an open declaration

(b) Practise religion

- practices which constitute integral and essential part of religious practise

- Masood Alam v. Commisioner of Police

- State of Bombay v. Narasu Appa Mali

(c) Propagate religion

- to spread and publicise one’s religious views

- Rev Stainslav v. State of Madhya Pradesh

The article 25 is subjected to :

• Public order , morality , health and other provisions of part 3

- Gulam Abbas v. State of U.P

• Regulation or restriction of economic , financial , political or other secular activity associated with religious practice

- Mohd. Hanif Quereshi v. State of Bihar

• Social welfare and reforms- Venkataramana Devaru v. State of Mysore

ARTICLE 26

FREEDOM OF RELIGION OF RELIGIOUS

DENOMINATIONS

o Article 26 provides : “ Subject to public order, morality and health, every religious denomination or any section thereof shall have right-

(a) to establish & maintain institutions for religious & charitable purposes ;

(b) to manage its own affairs in matters of religion

(c) to own and acquire movable and immovable property and

(d) to administer such property in accordance with the law.

RELIGIOUS DENOMINATION

It must be a collection of individuals who have a

system of beliefs or doctrines which they regard as

conducive to their spiritual well-being, i.e. A

common faith;

It must have a common organisation;

It must be designated by a distinctive name.

Case studies :

- Sri. Adi Visheshwara of Kashi Vishwanath Temple,

Varanasi vs. State of U.P.

- Bramchari Siddheshwar Shai vs. State of W.B.

ART. 26 CLAUSE (A)

RIGHT TO ESTABLISH AND MAINTAIN INSTITUTIONS

o Guarantees to every “religious denomination” or

any section thereof the right “to establish and

maintain institutions for religious and charitable

purposes”.

o Includes “the right to exclude the profession or

practices belonging to other religions”.

Case studies :

- Sanjib Kumar vs. St. Paul College.

- Azeez Basha vs. Union of India.

ART. 26 CLAUSE (B)

RIGHT TO MANAGE MATTERS OF RELIGION

Guarantees to every “religious denomination” the right “to manage its own affairs in matters of religion”.

“Matters of religion” :

includes religious practices, rites and ceremonies essential for the practising of religion.

would not include the religious practices unless those practices are found to constitute essential and integral part of a religion.

Case study :

- Commer. of Police vs. Acharya J. Avadhutta

ART. 26 CLAUSE (C) & (D)

RIGHT TO OWN AND ADMINISTER PROPERTY

Clause (c) secures to a religious denomination or

any section thereof “the right to own and acquire

movable and immovable property”.

Clause (d) further strengthens this right by

guaranteeing to the denomination “the right to

administer such property in accordance with law”.

Case study :

- Ratilal Panachand Gandhi vs. State of Bombay

ARTICLE 27

FREEDOM FROM PAYMENT OF TAXES FOR

PROMOTION OF ANY PARTICULAR RELIGION

“ no person shall be compelled to pay any taxes the

proceeds of which are specifically appropriated in

payment of expenses for the promotion or

maintenance of any particular religion or religious

denominations ”.

Objective :

To protect secular characteristics of the

Constitution of India

NOTE :-

- Article 27 prohibits the levy of ‘tax’ and not the imposition of a ‘fee’ .

- it does not prohibit :

(i) reconstruction of religious and educational places damaged during communal riots , at the cost of government

(ii)land acquisition for temple meant for public use

(iii)programme held by Government of India to honour those who have contributed to India’s cultural heritage .

Case Study :

Sri Jagannath v. State of Orissa , The Orissa Hindu religious endowment Act, 1939.

ARTICLE 28

PROHIBITION OF RELIGIOUS INSTRUCTIONS IN

EDUCATIONAL INSTITUTIONS

Clause (1) of Art. 28 provides “No religious instruction shall be provided in any educational institution wholly maintained out of State funds”.

Clause (3) further provides “No person attending any educational institution recognized by the State of receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto ”.

Clause (2), an exception to Clause (1) provides that

the prohibition contained in Clause (1) “would not

apply to an educational institution which is

administered by the State but has been established

under any endowment or trust which requires that

religious instruction shall be imparted in such

institution”.

Case studies :

- D.A.V. College, Jullundur vs. State of Punjab

- Aruna Roy vs. Union of India