Article 19 provides the six freedoms of:
Speech and expression; Assemble
peacefully and without arms; Form associations or unions; Move freely
throughout the territory of India; Reside and settle in any part of the
territory of India; and Practise any profession,
or to carry on any occupation, trade or business.
State can impose restrictions on the
freedom of speech in the interest of the sovereignty and integrity of India,
the security of the state, friendly relations with foreign States, public
order, decency or morality, or in relation to contempt of Court, defamation or
incitement to an offence.
Restrictions can be imposed on the
right to form associations is the interests of the sovereignty and integrity of
India or public order or morality. Restrictions can also be imposed on freedom
of movement and reside and settle in the interests of the general public or for
the protection of the interests of any Scheduled Tribe.
State can prescribe the profession
or technical qualifications necessary for practicing any profession or carrying
on any occupation, trade or business. State can exclude any citizen from a
business or industry run by the Government or a body of Government. There is no
specific provision in the Constitution guaranteeing the freedom of the press
because freedom of the press is included in the wider freedom of ‘expression
‘which is guaranteed by freedom of expression under Art. 19.
Article 20 guarantees certain protection
in respect of conviction for
offences. . It prohibits:
Retrospective criminal legislation,
commonly known as ex post facto legislation. Double jeopardy or punishment for
the same offence more than once. Compulsion to give self-incriminating
evidence.
Article 21 (A) makes the right of education for children of the age of 6
to 14 years a fundamental right. (Ref.: 86th Amendment Act, 2002)
Article 21 of Constitution provides that no person shall be deprived of his life or personal liberty except
according to the procedure established by law.
Under the ‘ Due Process’ Clause of
the American Constitution, the Court has assumed the power of declaring
unconstitutional any law which deprives a person of his liberty without
reasonableness and fairness.
In England court have no power to
invalidate a law made by parliament.
In the case of Gopalan Supreme Court
held that our constitution had embodied the English concept.
In Maneka’s case the Supreme Court
held that a law made by the State which seeks to deprive a person of his
personal liberty must prescribe a procedure for such deprivation which must not
be arbitrary, unfair or unreasonable. It follows that such aw shall be invalid
if it violates the principle of natural justice.
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