Right To Freedom is a Fundamental Right

The Indian Constitution safeguards the fundamental Right To Freedom through Article 19, ensuring a range of essential liberties for Indian citizens. This includes the freedom to express oneself, the right to assemble peacefully, the ability to form associations or unions, the liberty to travel within the country, and the right to reside in any part of the nation. In this article, we’ll delve into these freedoms, providing a detailed exploration of how they are protected by the Indian Constitution, ensuring citizens can fully enjoy these crucial rights.

Article 19 of the Constitution of India

Explore the key provisions of Article 19(1) of the Indian Constitution, which guarantees fundamental rights to all citizens.

  1. Freedom of Speech and Expression: Enjoy the right to freedom of speech and expression, empowering citizens to voice their opinions without fear.
  2. Peaceful Assembly: Exercise the right to assemble peaceably and without arms, fostering a culture of peaceful gatherings.
  3. Formation of Associations or Unions: Citizens are entitled to form associations or unions, promoting unity and collective action.
  4. Free Movement Throughout India: Experience the freedom to move throughout the territory of India, ensuring unrestricted mobility.
  5. Residing and Settling Anywhere in India: Exercise the right to reside and settle in any part of the country, promoting inclusivity and diversity.
  6. Omitted Clause: Note the omission of clause (f) in Article 19(1), highlighting the focus on the remaining fundamental rights.
  7. Practice of Any Profession or Occupation: Enjoy the right to practice any profession, carry on any occupation, trade, or business, promoting economic freedom.

Exploring Reasonable Restrictions: Understand the reasonable restrictions outlined in Articles 19(2) to 19(6), ensuring a balanced approach to the exercise of fundamental rights. Article 19(1) reflects the essence of fundamental rights in India, emphasizing individual freedoms while acknowledging the need for reasonable restrictions in certain circumstances.

Article 20 of the Constitution of India

  • Article 20 of the Constitution serves as a shield for individuals facing convictions, placing constraints on the State’s authority granted by Article 21 to formulate and enforce criminal laws.
  • The significance of Article 20(2) lies in safeguarding individuals from being prosecuted and convicted for the same offense more than once.
  • An exemplar of compassion, Article 20(3) shields individuals from self-incrimination, providing accused persons with protection against being compelled to act as witnesses against themselves. This humane provision aligns with the notion of “according to procedure established by law” in Article 21, emphasizing the importance of just and fair trials.

Article 21 of the Constitution of India

Article 21 of the Constitution is unequivocal in its stance on the protection of life and personal liberty. The language is framed in the negative, emphasizing that no individual shall be deprived of their life or personal liberty except in accordance with the established legal procedures. This constitutional provision grants every person the fundamental right to life and personal liberty, making it a cornerstone of human rights and underscoring the sacredness of human life.

Article 22 of the Constitution of India

Article 22 offers safeguards against arrest and detention in specific situations, yet it doesn’t encompass the full range of constitutional protections related to preventive detention. Matters that are either explicitly or implicitly omitted in Article 22 find coverage under Article 21. This ensures a comprehensive framework for the protection of individual rights and liberties in the context of arrest and detention.

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