CENTRAL UNIVERSITY OF SOUTH BIHAR

GAYA-824236

SCHOOL OF LAW & GOVERNANCE

**** **** **** **** **** **** ****
Constitutional Law - I
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PROJECT REPORT
Freedom of Movement and Reasonable Restrictions
Under the Supervision of: Mrs. Poonam Kumari
Assistant Professor
School of Law & Governance
Central University of South Bihar
Submitted By: -
Hariom
B.A. LL.B (Hons.)
2nd Semester (2p018-2023)
Enrollment Number - CUSB1813125033

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 PREFACE

As a part of the B.A. LL.B. Curriculum (as prescribed by The Bar Council
of India) and in order to gain practical cum research knowledge in the field of
law, I’m required to make a report on prescribed topic as per given by the
authority (my mentor cum teacher). Here, I have got the Topic Freedom of
Movement and Reasonable Restrictions, I required to make a report on the
specified topic. The Basic Objectives behind doing this project report is to get
knowledge tools of the term and consequences of Constitutional Law.

In this project report I have included various concepts, effects and

implications regarding celebrity endorsement and analyses of the decision of
Hon’ble International Court of Justice.

Doing this Project report helped me to enhance my knowledge regarding

the endorsement and implications of applying analytical cum factual occurrence
in this specified happened case so as on which undergoes with many
experiences related with my topic concerned.

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 Acknowledgement

I, take extreme pleasure in expressing my profound gratitude towards my Constitutional law teacher
(Assistant Professor, Law) for inspiring me and giving me the invaluable guidance and constant
support throughout the course of my project work. I have taken efforts in thus kind project. However,
it would not have been possible without the kind support of my teacher, friends, colleagues and
many more individual persons, writers, college staffs, librarians and other sources of e-resource. I
would like to sincere thanks to all of them.

I thank my parents for providing me everything whatever be required for the completion of this
project.

Finally, I would like to thanks all Kith & Kins who are a little bit part in helping me for this kind
project

Hariom
B.A. LL.B. (Hons.)
2nd Semester (2018 – 2023)

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 Index

S.NO. CONTENT PAGE NUMBER

01. Chapter 1: Introduction 05-06

02. Chapter 2: Article 19 07-08

03. Chapter 3: Freedom of Speech 09-

04. Issue of the Case 10

05. Fact of the Case 11

06. Introduction 120

07. Arguments before ICJ 14

08. Judgment 21

09. Judgment Analysis

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Chapter-1

Introduction

Freedom Of Movement

Freedom of movement, mobility rights, or the right to travel from One Place to
other place is a human right in India concept encompassing the right of individuals to
travel from place to place within the territory of India or a Country and to leave the
country and return to it. The right includes not only visiting places, but changing the
place where the individual resides or works.

Reasonable Restrictions:

The Fundamental Rights guaranteed by the Constitution of India are not absolute.
There is certain restriction. Which can be imposed by the state according to the
procedure established by law. However, these restrictions must be reasonable and not
arbitrary.

Every fundamental right, the government also has to power to impose “reasonable
restriction.”

Reasonable restriction under article 19(1)(g) “to practice any profession, or to carry on
any occupation, trade or business.

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Fundamental Freedom and Reasonable Restrictions (Article 19)
If people were given complete and absolute liberty without any social control, the
result would have been chaotic (in a state of complete confusion and disorder).
 Absolute individual rights cannot be guaranteed by any modern state, as an
organized society is the precondition of civil liberties.
Introduction
Article 19 to 22 of the Indian constitution. Right to Freedom Article 19,20,21And
22 deal with different aspects of Freedom, the basic rights of a citizen in a
democracy
Article 19 to 22 of the constitution are grouped together under the heading
“Right to Freedom”.
Certain specific Freedom are guaranteed under Article 19 Which can be subjected to
reasonable restrictions by law 19(2) to 19(6) the power of the state to make laws
imposing reasonable restrictions for reasonable set out in them. Also, the rights
guaranteed under Article 19 are available only to the citizens of India, while the rights
guaranteed under Article 20,21 and 22 are available to all persons.

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Chapter-2

Article 19
19. Protection of certain rights regarding freedom of speech, etc. -

(1) All citizens shall have the right

(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India; and
(f) omitted
(g) to practice any profession, or to carry on any occupation, trade or business
(2) Nothing in sub clause (a) of clause ( 1 ) shall affect the operation of any existing
law, or prevent the State from making any law, in so far as such law imposes
reasonable restrictions on the exercise of the right conferred by the said sub clause in
the interests 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
(3) Nothing in sub clause (b) of the said clause shall affect the operation of any existing
law in so far as it imposes, or prevent the State from making any law imposing, in the
interests of the sovereignty and integrity of India or public order, reasonable
restrictions on the exercise of the right conferred by the said sub clause
(4) Nothing in sub clause (c) of the said clause shall affect the operation of any existing
law in so far as it imposes, or prevent the State from making any law imposing, in the
interests of the sovereignty and integrity of India or public order or morality,
reasonable restrictions on the exercise of the right conferred by the said sub clause

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(5) Nothing in sub clauses (d) and (e) of the said clause shall affect the operation of any
existing law in so far as it imposes, or prevent the State from making any law
imposing, reasonable restrictions on the exercise of any of the rights conferred by the
said sub clauses either in the interests of the general public or for the protection of the
interests of any Scheduled Tribe
(6) Nothing in sub clause (g) of the said clause shall affect the operation of any existing
law in so far as it imposes, or prevent the State from making any law imposing, in the
interests of the general public, reasonable restrictions on the exercise of the right
conferred by the said sub clause, and, in particular, nothing in the said sub clause shall
affect the operation of any existing law in so far as it relates to, or prevent the State
from making any law relating to,
(i) the professional or technical qualifications necessary for practicing any profession
or carrying on any occupation, trade or business, or
(ii) the carrying on by the State, or by a corporation owned or controlled by the State,
of any trade, business, industry or service, whether to the exclusion, complete or
partial, of citizens or Otherwise.

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Chapter -3
Freedom of speech

Freedom of speech and expression Article 19(1)(a)

Meaning and scope of this freedom: -
Freedom of speech and expression is indispensable in a democracy.
The Expression cannot note also publication and thus freedom of press is also included
in this category

Case: - Romesh Thapar V. State of Madras1

Freedom of speech and of the press laid at the foundation of all democratic
Organization, for without free political discussion no public education, so essential for
the proper functioning of the process of popular government is possible. .

There are various restrictions under article 19(2)

Security of State
-Friendly relations with foreign states
-Decency and morality
-Defamation
-Contempt of court
-Incitement to offence
-Sovereignty and integrity of India.

1 AIR 1950 SC 124

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Chapter-4
Freedom of Assembly

Freedom of Assembly (Article 19(1)(b)

The right of assembly is implied in the very idea of the democratic government article
19 (1)(b) guarantees to all citizens of India right to assemble peaceably without arms.
The includes the right to hold meeting and to take out procession. The right is subject
to following restrictions
-The Assembly must be peaceful
-It must be unarmed.
Freedom to form Association Article 19(1)(c)
Article 19(1)(C) guarantees to all its citizens the right to form associations or
union or co-operative societies (Inserted by constitution 93rd Amendment Act,
2011)
Under clause (4) or the Article 19, the state may by law impose reasonable restrictions
on these rights.
The right of associations, like other individual freedom, is not unrestricted. Clause (4)
of article 19 empowers the state to imposes reasonable restrictions on the right of
freedom of associations and union in the interest of: -
Public order
Morality
Sovereignty and Integrity

Restrictions on the freedom of Associations: -

The criminal law (Amendment) Act, 1908, as amended by the madras Act, 1950,
provides that if the state Government is of opinion that any association interferes
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With the administration of law or with the maintenance of law and order or that it
constitute a danger to the public peace it may, by notification in the official Gazette
declare such association to be unlawful
Under the relevant law the government could do so, if it thought that the association
constituted a danger to public peace, or for the reason, that is was interfering with the
maintenance of law and public order that was its objects.
Therefore, the vesting of power in the government to impose restriction on the right to
without allowing the ground tested in a judicial enquiry was a strong element to be
taken into consideration in judging the reasonableness of the restrictions on the right to
form Association or Union the existence of the advisory board could not be a substitute
for judicial enquiry
Freedom of movement Article (19)(d)
Article 19(1)(d) guarantees to all citizens of India the right “to move freely
throughout the territory of India” This right is, however, subject to reasonable
restriction mentioned in clause (5) of article (19), i.e., in the interest of general public
or (2) for the protection of the interest of any scheduled tribes.
Case: - A.k. Gopalan V. State of Madras
In this case. The supreme court held he was detained according to the procedure
established by law and rejected his argument. The supreme court at that point of time
believed that each article was separate in the Indian Constitution.
According to Article 19(1)(e) every citizens of India has the right “to reside and settle
in any part of the territory of India.” However, under clause 5 of article 19 reasonable
restrictions may be imposed on this right by law in the interest of: -
(1) General public
(2) Protection of interest of Schedule tribes
The object of clause is to remove internal barrier within India or any of its parts.
The world “the territory of India” as used in this article indicate freedom to reside
anywhere and in any part of the state of India.

Freedom of professional occupation trade or business [Article 19(1)(g)]

Article 19(1)(g) guarantees that all citizens shall have the right “to practice any
profession, or to carry on any occupation, trade or business.”
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However, the right to carry on a profession, trade or business is not unqualified. It can
be restricted and regulated by authority of law.
This, the state can under class 6 of article 19 make any las imposing reasonable
restriction on this right “in the interest of general public and for: -
1)Prescribing professional or technical qualification necessary for practicing any
profession on carrying on any occupation, trade or business.
2)Enabling the state to carry on trade or business to the exclusion of citizens wholly or
partially.

What is a “Reasonable restrictions” under Article 19(6)?

Reasonableness of a restriction has to tested both form the procedural and substantive
aspects of the law. In order to determine reasonableness of the restrictions, regard must
be had to the nature of the business and the condition prevailing in the trade. In
determining the infringement of the right guaranteed under Article 19(1)(g), the nature
of right alleged to have been infringed, the underlying purpose of the restriction
imposed, the extent and urgency of the evil sought to be remedied.

Case: -Ram Jawaya V. State of Punjab2

In this case, the government scheme to nationalize School textbook was held valid
under this article because the private publisher’s right to print and publish any book.
They linked `and offer the same for sale, was not curtailed. The choice of text books
for the recognized schools lay with the government and the publishers had no
fundamental right to have any of their books prescribed as a text book by the school
authorities.

India Law V. American Law

The freedom of speech is regarded as the first condition of liberty. It occupies a

preferred and important position in the hierarchy of the liberty, it is truly said about the
freedom of speech that it is the mother of all other liberties. Freedom of Speech and
expression means the right to express one's own convictions and opinions freely by
words of mouth, writing, printing, pictures or any other mode. In modern time it is
widely accepted that the right to freedom of speech is the essence of free society and it
must be safeguarded at all time. The first principle of a free society is an untrammelled
2
AIR 1955 SC 549
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flow of words in an open forum. Liberty to express opinions and ideas without
hindrance, and especially without fear of punishment plays significant role in the
development of that particular society and ultimately for that state. It is one of the most
important fundamental liberties guaranteed against state suppression or regulation.

Freedom of speech is guaranteed not only by the constitution or statutes of various

states but also by various international conventions like Universal Declaration of
Human Rights, European convention on Human Rights and fundamental freedoms,
International Covenant on Civil and Political Rights etc. These declarations expressly
talk about protection of freedom of speech and expression.

1) For the discovery of truth by open discussion - According to it, if restrictions on

speech are tolerated, society prevents the ascertainment and publication of accurate
facts and valuable opinion. That is to say, it assists in the discovery of truth.

2) Free speech as an aspect of self- fulfilment and development – freedom of speech is

an integral aspect of each individual’s right to self-development and self-fulfilment.
Restriction on what we are allowed to say and write or to hear and read will hamper
our personality and its growth. It helps an individual to attain self-fulfilment.

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Chapter-5
Freedom of speech in American Law
America is leader country as far as protection of freedom of speech and expression is
concerned. It provides very wide interpretation of freedom of speech to its citizen.
Freedom of speech, of the press, of association, of assembly and petition -- this set of
guarantees, protected by the First Amendment, comprises what we refer to as freedom
of expression. However, initially there was no provision for protecting freedom of
speech in American Constitution, but very soon realizing the importance of freedom of
speech it amended its constitution and pave way for protection of speech and
expression. The first amendment of the American constitution specially provides that -
“Congress shall make no law respecting an establishment of religion, or prohibiting
the free exercise thereof; or abridging the freedom of speech, or of the press; or the
right of the people peaceably to assemble, and to petition the Government for a redress
of grievances”.

• Grounds of Restrictions

It is necessary to maintain and preserve freedom of speech and expression in a

democracy, so also it is necessary to place some restrictions on this freedom for the
maintenance of social order, because no freedom can be absolute or completely
unrestricted. Accordingly, under Article 19(2) of the Constitution of India, the State
may make a law imposing “reasonable restrictions” on the exercise of the right to
freedom of speech and expression “in the interest of” the public on the following
grounds: Clause (2) of Article 19 of Indian constitution contains the grounds on which
restrictions on the freedom of speech and expression can be imposed:-

1) Security of State: Security of state is of vital importance and a government must

have power to impose restriction on the activity affecting it. Under Article 19(2)
reasonable restrictions can be imposed on freedom of speech and expression in the
interest of security of State. However, the term “security” is very crucial one. The term
"security of state" refers only to serious and aggravated forms of public order e.g.
rebellion, waging war against the State, insurrection and not ordinary breaches of
public order and public safety, e.g. unlawful assembly, riot, affray. Thus, speeches or
expression on the part of an individual, which incite to or encourage the commission of
violent crimes, such as, murder are matters, which would undermine the security of
State.
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2) Friendly relations with foreign states: In the present global world, a country has to
maintain good and friendly relationship with other countries. Something which has
potential to affect such relationship should be checked by government. Keeping this
thing in mind, this ground was added by the constitution (First Amendment) Act, 1951.
The object behind the provision is to prohibit unrestrained malicious propaganda
against a foreign friendly state, which may jeopardize the maintenance of good
relations between India, and that state.

No similar provision is present in any other Constitution of the world. In India, the
Foreign Relations Act, (XII of 1932) provides punishment for libel by Indian citizens
against foreign dignitaries. Interest of friendly relations with foreign States, would not
justify the suppression of fair criticism of foreign policy of the Government. However,
it is interesting to note that member of the commonwealth including Pakistan is not a
"foreign state" for the purposes of this Constitution. The result is that freedom of
speech and expression cannot be restricted on the ground that the matter is averse to
Pakistan.

3) Public Order: Next restriction prescribed by constitution is to maintain public order.

This ground was added by the Constitution (First Amendment) Act. 'Public order' is an
expression of wide connotation and signifies "that state of tranquillity which prevails
among the members of political society as a result of internal regulations enforced by
the Government which they have established."

Here it is pertinent to look into meaning of the word “Public order. Public order is
something more than ordinary maintenance of law and order. 'Public order' is
synonymous with public peace, safety and tranquillity. Anything that disturbs public
tranquillity or public peace disturbs public order. Thus, communal disturbances and
strikes promoted with the sole object of accusing unrest among workmen are offences
against public order. Public order thus implies absence of violence and an orderly state
of affairs in which citizens can peacefully pursue their normal avocation of life. Public
order also includes public safety. Thus, creating internal disorder or rebellion would
affect public order and public safety. But mere criticism of government does not
necessarily disturb public order.

The words 'in the interest of public order' includes not only such utterances as are
directly intended to lead to disorder but also those that have the tendency to lead to
disorder. Thus, a law punishing utterances made with the deliberate intention to hurt
the religious feelings of any class of persons is valid because it imposes a restriction on
the right of free speech in the interest of public order since such speech or writing has
the tendency to create public disorder even if in some case those activities may not
actually lead to a breach of peace. But there must be reasonable and proper nexus or
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relationship between the restrictions and the achievements of public order.

4) Decency or morality: The way to express something or to say something should be

decent one. It should not affect the morality of the society adversely. Our constitution
has taken care of this view and inserted decency and morality as a ground. The words
'morality or decency' are words of wide meaning. Sections 292 to 294 of the Indian
Penal Code provide instances of restrictions on the freedom of speech and expression
in the interest of decency or morality. These sections prohibit the sale or distribution or
exhibition of obscene words, etc. in public places. No fix standard is laid down till now
as to what is moral and indecent. The standard of morality varies from time to time and
from place to place.

5) Contempt of Court: In a democratic country Judiciary plays very important role. In

such situation it becomes essential to respect such institution and its order. Thus,
restriction on the freedom of speech and expression can be imposed if it exceeds the
reasonable and fair limit and amounts to contempt of court. According to the Section 2
'Contempt of court' may be either 'civil contempt' or 'criminal contempt.' But now,
Indian contempt law was amended in 2006 to make “truth” a defence. However, even
after such amendment a person can be punished for the statement unless they were
made in public interest. Again in Indirect Tax Practitioners Assn. vs R.K.Jain, it
was held by court that, “Truth based on the facts should be allowed as a valid defence
if courts are asked to decide contempt proceedings relating to contempt proceeding
relating to a speech or an editorial or article”. The qualification is that such defence
should not cover-up to escape from the consequences of a deliberate effort to
scandalize the court.

6) Defamation: Ones’ freedom, be it of any type, must not affect the reputation or
status another person. A person is known by his reputation more than his wealth or
anything else. Constitution considers it as ground to put restriction on freedom of
speech. Basically, a statement, which injures a man's reputation, amounts to
defamation. Defamation consists in exposing a man to hatred, ridicule, or contempt.
The civil law in relating to defamation is still uncodified in India and subject to certain
exceptions.

7) Incitement to an offence: This ground was also added by the constitution (First
Amendment) Act, 1951. Obviously, freedom of speech and expression cannot confer a
right to incite people to commit offence. The word 'offence' is defined as any act or
omission made punishable by law for the time being in force.

8) Sovereignty and integrity of India- To maintain sovereignty and integrity of a state

is prime duty of government. Taking into it into account, freedom of speech and
expression can be restricted so as not to permit any one to challenge sovereignty or to
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permit any one to preach something which will result in threat to integrity of the
country.

From above analysis, it is evident that Grounds contained in Article 19(2) show that
they are all concerned with the national interest or in the interest of the society. The
first set of grounds i.e. the sovereignty and integrity of India, the security of the State,
friendly relations with foreign States and public order are all grounds referable to
national interest, whereas, the second set of grounds i.e. decency, morality, contempt of
court, defamation and incitement to an offence are all concerned with the interest of the
society.

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Chapter-6
Conclusion
Expression through speech is one of the basic guarantees provided by civil society.
However, in modern world Right to freedom of speech and expression is not limited to
express ones’ view through words but it also includes circulating one's views in writing
or through audio-visual instrumentalities, through advertisements and through any
other communication channel. It also comprises of right to information, freedom of
press etc. It is a right to express and self-realization. Two big democracies of world i.e.
America and India have remarkably protected this right. As far as India is concerned,
this important right is mentioned in Article 19(1) (a), which falls in fundamental right
category. Indian courts have always placed a broad interpretation on the value and
content of Article 19(1) (a), making it subjective only to the restrictions permissible
under Article 19(2).

The words 'in the interest of public order', as used in the Article 19 include not only
utterances as are directly intended to lead to disorder but also those that have the
tendency to lead to disorder. There should be reasonable and proper nexus or
relationship between the restriction and achievement of public order. Initially, the
American constitution was not having any provisions directed to protection of freedom
of speech and expression. It was inserted in the constitution vide first amendment of
the constitution. The First Amendment has been drafted in broad and sweeping terms,
and for this reason, the text of the First Amendment does not contain any standard for
determining permissible restrictions on freedom of speech. The restrictions that are
permissible now are those that have been developed by the Supreme Court in its
interpretation of the First Amendment.

The United States has a complex First Amendment jurisprudence that varies the
protection offered free speech according to form. Similarly, India developed its own
free speech jurisprudence that applies a "reasonable restrictions" test based on eight
mentioned restrictions. The real difference in freedom of speech enjoyed in the United
States and India is a question of degree. This difference in degree is attributable to the
reasonable restrictions provision and the moral standard of the communities.

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Bibliography:

Website:
 www.indiakanoon.com
 www.manupatrafast.com
 http://lawbriefs.in
 http://law.du.ac.in
 http://www.icj-cij.org
 https://www.scribd.com
 https://www.coursehero.com

Books/Journal:
 All India Reporter 1970 (Supreme Court)
 library.law.columbia.edu

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