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INDEX
Sl. No. Contents Page.No.

I. INTRODUCTION 1
II. 2-4
III. 5-6
IV. 6-8
V. 8-10
VI. 10-15
VII. CONCLUSION 16
 1

ARTICALE 19 FREEDOM OF RIGHTS

I. INTRODUCTION
 2

II. FUNDAMENTAL RIGHTS

 3

III. UNIVERSAL DECLARATION OF HUMAN RIGHTS

Adopted unanimously by the General Assembly on 10 December 1948, the
Universal Declaration is the most important elaboration of the human rights obligations set
forth in the United Nations Charter, while at the time of adoption it was widely viewed as a
Statement of Principles, Which has acquired legal significance over the decades.
The proclamation of Teheran, marking the Universal Declaration‟s 2oth Anniversary
endorsed by the UN General Assembly, declared that the Universal Declarationstates
common understanding of the peoples of the world concerning the inalienable and inviolable
rights of all members of the human family and constitutes an obligation for the members of
the international community.21In 1971 U.N. Secretary-General Observed:
During the years, since its adoption, the Declaration has come through its influence in a
variety of contexts, to have marked impact on the pattern and content of international law
and to acquire a status extending beyond the originally intended for it. In general, two
elements may be distinguished in this process: first, the use of the declaration as a yardstick
by which to measure the content and standard of human rights, and second, the reaffirmation
of the Declaration and its provisions in a series of other instruments. These two elements,
often to be found combined, have caused to gain a cumulative and pervasive effect. The
Universal Declaration was the first step in the formation of International Bill of Human
Rights, which was completed in 1976 with the entry into force of the two main international
human rights treaties, the International Covenant on Civil and Political Rights and the
International Covenant on Economic, social and Cultural Rights. The entry into force of the
Covenants did not, in any way, diminish the widespread impact of the Universal
Declaration. On the contrary, as stated in a UN manual,
The very existence of the covenants, and the fact they contain the measures of
implementation required to ensure the realization of the rights and freedom set out in the
declaration, give greater strength to the declaration.1
The Declaration protects all the people and applies to all governments: It is, as its title
implies, truly universal in its application and applies to every member of the human family,
everywhere, regardless of whether or not his Government accepts its principles or ratifies

1
United Nations Action in the Field of Human Rights, (New York, United Nation, 1983), UN Doc,ST/HR/2 /
Rev.2, UN Sales No E83 XIV 2 Chap II Para, 67, 14.
 4

the covenants.2The Universal Declaration has a tremendous impact on the development of

both international and national human rights law. Virtually, all human rights treaties adopted
by UN bodies since 1948 elaborate principles set forth in the declaration both the American
and the European Conventions on Human Rights declare in their preambles that the
principles to which they give effect are those set forth in the declaration, and the CSCE
states pledged in the Helsinki final Act to act.
“In conformity with the purpose and principles of the Charter of the UN and the
Universal Declaration” Moreover, many countries have modeled clauses of their
Constitutions and statutes on the Universal Declaration, and national courts have invoked its
norms.3 As Stated by Chief Justice Muhammad Haleem of Pakistan:
The result is that the Universal Declaration is now widely acclaimed as a Magna Charta of
human kind, to be complied with by all actors in the world arena. What began as mere
common aspiration is now hailed both as an authoritative interpretation of the human rights
provisions of the UN charter and as established customary law….constituting the heart of a
global bill of rights.4 Article 19 of the Universal Declaration proclaims the right to freedom
of expression, which includes freedom Article 20 declares the right to peaceful assembly
and association, including the right not to be belonged to any association. These rights are
limited by Article 29, which permits restrictions, solely for the purpose of securing …
respect for the rights and freedoms of others and of meeting the just requirements of
morality, public order and the general welfare in a democratic society. Moreover, the rights
set forth in the Universal Declaration “may in no case be exercised contrary to the purpose
and principles of United Nations”.

2
Ibid
3
Substantial parts of Declaration have been incorporated in the Constitution of several countries, including
Algeria, the Ivory Coast, Madagascar and Cameroon, see UN Action in the field of Human Rights (1983),
Chap II F Para 75
4
The Domestic application of International Human Rights Norms”, in Developing Human Rights
Jurisprudence:the Domestic Application of International Human Rights, Report of a Judicial Colloquium in
Bangalore (Commonwealth Secretariat) ( 1988),
 5

Universal declaration of human rights Article 13,20,23,29 rights of the citizen which
are relevant to this article 19 of the constitution

 Article 13

1. Everyone has the right to freedom of movement and residence within the borders of each
State.
2. Everyone has the right to leave any country, including his own, and to return to his
country.

 Article 20

1. Everyone has the right to freedom of peaceful assembly and association.

2. No one may be compelled to belong to an association.

 Article 23

1. Everyone has the right to work, to free choice of employment, to just and favourable
conditions of work and to protection against unemployment.
2. Everyone, without any discrimination, has the right to equal pay for equal work.
3. Everyone who works has the right to just and favourable remuneration ensuring for
himself and his family an existence worthy of human dignity, and supplemented, if
necessary, by other means of social protection.
4. Everyone has the right to form and to join trade unions for the protection of his interests.

 Article 29

1. Everyone has duties to the community in which alone the free and full development of his
personality is possible.
2. In the exercise of his rights and freedoms, everyone shall be subject only to such
limitations as are determined by law solely for the purpose of securing due recognition and
respect for the rights and freedoms of others and of meeting the just requirements of
morality, public order and the general welfare in a democratic society.
3. These rights and freedoms may in no case be exercised contrary to the purposes and
principles of the United Nations.
 6

 INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS,

1966
The international covenant is an extension of the civil and political rights set forth in
the Universal Declaration. As of February 1993, 116 countries had ratified or acceded to it.
The Human Rights Committee monitors compliance with the International Covenant‟s First
optional protocol.5 The pronouncements of the Committee are among the most authoritative
Statements of the obligations imposed by the International Covenant. Art 19 sets forth the
Right to freedom of opinion, expression and information. Paragraph 1 asserts the absolute
right to hold opinions “without interference”. Paragraph 2 States the positive content of
freedom of expression namely: the, “freedom to seek, receive and impart information and
ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of
art, or through any other media of his choice.
Article 20 requiresstates parties to prohibit by law (though not necessarily to declare
criminal) any propaganda for war and any incitement to discrimination, hostility or violence
on national, racial or religious grounds.6
Article 21 protects the right of peaceful assembly, and Article 22 safeguards the right
to freedom of association, “including the right to form and join trade unions”.
The ICCPR recognizes the inherent dignity of each individual and undertakes to
promote lands within states to allow the enjoyment of civil and political rights. Countries
that have ratified the covenant preserve basic human rights.

 THE RIGHTS PROTECTED UNDER ICCPR INCLUDES;

Article 12
1. Everyone lawfully within the territory of a State shall, within that territory, have the right
to liberty of movement and freedom to choose his residence.
2. Everyone shall be free to leave any country, including his own.

5
UN, Human Rights Committee.
6
Striking a Balance, Hate Speech, Freedom of Expression and Non-discrimination, Landon, (1992)
 7

3. The above-mentioned rights shall not be subject to any restrictions except those which are
provided by law, are necessary to protect national security, public order (ordre public),
public health or morals or the rights and freedoms of others, and are consistent with the
other rights recognized in the present Covenant.
4. No one shall be arbitrarily deprived of the right to enter his own country.

Article 22
1. Everyone shall have the right to freedom of association with others, including the right to
form and join trade unions for the protection of his interests.
2. No restrictions may be placed on the exercise of this right other than those which are
prescribed by law and which are necessary in a democratic society in the interests of
national security or public safety, public order (ordre public), the protection of public health
or morals or the protection of the rights and freedoms of others. This article shall not prevent
the imposition of lawful restrictions on members of the armed forces and of the police in
their exercise of this right.
3. Nothing in this article shall authorize States Parties to the International Labour
Organisation Convention of 1948 concerning Freedom of Association and Protection of the
Right to Organize to take legislative measures which would prejudice, or to apply the law in
such a manner as to prejudice, the guarantees provided for in that Convention.

IV. CONSTITUENT ASSEMBLY DEBATES

The Constitution of India was enacted, adopted and given to themselves by the
people of India with a view to constitute India into a sovereign democratic republic and to
secure among other things, liberty of thought and expression for all its citizens.7Article 19
contained in part III of the Constitution guarantees the freedom of speech and expression
into following words. Article 19 (1) "All citizens shall have the right(a) to freedom of
speech and expression(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
interest of sovereignty and integrity of India, the security of the state, friendly relations with

7
Preamble to the Constitution of India
 8

foreign states, public order, decency or morality, or in relation to contempt of court,

defamation, or incitement to an offence". A plain reading of Article 19 makes it clear that
unlike American Constitution, our Constitution does not contain any guarantee of freedom
of press in express terms. The discussion on the Article 19"8 in the Constituent Assembly as
well as judicial decisions, however have proved it beyond any doubt that the freedom of
press is included in the right to freedom to speech and expression. Article 19, therefore, on
the one hand guarantees the freedom of press but simultaneously, also places reasonable
restrictions on the exercise of this right on the grounds mentioned under Article 19(2). The
freedom of press, thus is not absolute under Article 19(1)(a) and may be curtailed on the
grounds mentioned under Article 19(2).Apart from the restrictions which may be placed
under Article 19(2)^the right may be taken away, completely under Article 358 when a
Proclamation of Emergency is in force. Therefore, for the better under standing of the
subject the study may be undertaken as following.(A) Freedom during peace time; and(B)
Freedom during emergency.

V. DEFINITION OF ARTICLE 19

 FREEDOM;
Generally, is having the ability to act or change without constraint. Something is
"free" if it can change easily and is not constrained in its present state. In philosophy and
religion, it is associated with having free will and being without undue or unjust constraints,
or enslavement, and is an idea closely related to the concept of liberty. A person has the
freedom to do things that will not, in theory or in practice, be prevented by other forces.
Outside of the human realm, freedom generally does not have this political or psychological
dimension. A rusty lock might be oiled so that the key has the freedom to turn, undergrowth
may be hacked away to give a newly planted sapling freedom to grow, or a mathematician
may study an equation having many degrees of freedom. In mechanical engineering,

8
The Article was numbered as Article 13 when Drafting Committee presented
it before the Constitution Assembly. It appeared as Article 19 only in the
final Draft Constitution. On 4th Nov. 1948 Dr. Ambedkar. Chairman of Drafting
Committee of the Constitution made it clear that the right to freedom of
speech and expression includes the press when some members wanted to include
an express provision guaranteeing the said freedom
 9

"freedom" describes the number of independent motions that are allowed to a body or
system, which is generally referred to as degrees of freedom

 DEFINITION OF FREEDOM OF SPEECH

Freedom of expression is the right of individuals and organizations to

exchange information without fear of repercussion or censorship. That right includes not
only expressing ideas and opinions and imparting information but also seeking out
information, receiving it and being an audience for it, as, for example, in a lecture or a
public address. The term freedom of speech is commonly used synonymously; however, it
refers only to the legal right to speak out publicly.

Freedom of expression is codified in the Universal Declaration of Human Rights (UDHR) in

Section 19, which states in part:

"…everyone shall have the right to freedom of expression; this right shall include freedom
to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either
orally, in writing or in print, in the form of art, or through any other media of his choice.”

The International Covenant on Civil and Political Rights (ICCPR) restates Article 19 but
also adds important restrictions to the freedom of expression that address the duties and
responsibilities that necessarily accompany that right. The restrictions are designed to
protect the rights of other parties, as well as national security, public order and public health.

VI. ARTICLE 19 FREEDOM OF RIGHTS OF THE CONSTITUTION

Article 19 ( 1) 1 of the Constitution, guarantees certain fundamental rights, subject to the

power of the State to impose restrictions on the exercise of those rights. The Article was thus
intended to protect these rights against State action other than in the legitimate exercise of its
power to regulate private rights in the public interest.
 10

 FREEDOM OF SPEECH AND EXPRESSION

Expression is a matter of liberty and right. The liberty of thought and right to know
are the sources of expression. Free Speech is live wire of the democracy. Freedom of
expression is integral to the expansion and fulfillment of individual personality. Freedom of
expression is more essential in a democratic setup of State where people are the Sovereign
rulers. Iver Jennings said, without freedom of speech, the appeal to reason which is the basis
of democracy cannot be made. Milton in his Aeropagitica says that without this freedom
there can be no health in the moral and intellectual life of either the individual or the nation.
According to Justice Krishna Iyer, "This freedom is essential because thecensorial power
lies in the people over and against the Government and notin the Government over and
against the people."The freedom of speech and expression is required to fulfill the following
objectives :a} To discover truth} Non self-fulfillment) Democratic valued} To ensure
pluralism The people of India gave to themselves, the Constitution of India, with a view of
make it Sovereign, Democratic, Socialistic, Secular and Republic. In our democratic society,
pride to place has been provided to freedom of speech and expression, which is the mother
of all liberties. One of the main objectives of the Indian Constitution as envisages in the
Preamble, is to secure LIBERTYOF THOUGHT AND EXPRESSION to all the citizens.
Freedom of Expression is among the foremost of human rights. It is the communication and
practical application of individual freedom of thought. Irrespective of the system of
administration, various constitutions make a mention of the freedom of expression. In
Bennett Coleman & co. v. Union of India, the Supreme Court held that newspaper should be
left free to determine their pages and their circulation .This case arouse out of a
constitutional challenge to the validity of the Newspaper (Price & Page) Act, 1956 which
empowered the Government to regulate the allocation of space for advertisement matter.
The court held that the curtailment of advertisements would fall foul of Article 19(1 )(a),
since it would have a direct impact on the circulation of newspapers. The court held that any
restriction leading to a loss of advertising revenue would affectcirc ulation and thereby
impinge on the freedom of speech.219In Indian Express Newspapers v. Union of India, a
challenge to the imposition of customs duty on import of newsprint was allowed and the
impugned levy struck down. The Supreme Court held that the expression freedom of the
press though not expressly used in Article 19 was comprehended within Article 19(1 )(a)
 11

and meant freedom from interference from authority which would have the effect of
interference with the content & the circulation of newspapers. In Secretary, Ministry of
Information and Broadcasting v. Cricket Association, Bengal, the Supreme Court held that
broadcasting is a means of communication and a medium of speech and expression with in
the framework of Article 19(1 )(a). This case involved the rights of a cricket association to
grant telecast rights to an agency of its choice. It was held that the right to entertain and to
be entertained, in this case, through the broadcasting media are an integral part of the
freedom under Article19(l)(a).Article 19 ( 1 )(a) of the Indian Constitution guarantees to all
its citizens including media "the right to freedom of speech and expression". Clause (2) of
Article 19, at the same time provides: "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 interest of:-
a) Sovereignty and Integrity of India
.b) The Security of the State.
c) Friendly relations with foreign states.
d) Public order.
e) Decency or Morality.
f) Contempt of Court.
g) Defamation.
h) Incitement to an offence.

 FREEDOM TO ASSEMBLE
The freedom to assemble is of special interest within the realm ofconstitutional law,
since it is enabled and restricted by an intersection of theconstitutional text and the criminal
procedure code. While the constitution provides for it as a right, the procedural provisions
radically restrict this freedom, by empowering the state to regulate its expression and
peremptorily curtail it exercise. This rather contradictory approach is a refection of a
colonial legacy and the unquestioning adoption of most of the provisions of the 1872 Code
of Criminal Procedure by the contemporary Indian State. It is logical that the colonial state
maintained a legal frame work that enabled a quick breakup of any sort of organizing,
 12

meeting, association or assembly that could threaten it. It is unfortunate that the modern
India continues this legacy, both in the context of assembly and association rights. In Himat
Lal K. Shah v. Commissioner of Police, the Supreme Court considered the question as to
whether the requirement that prior permission in writing from the police before holding a
public meeting on a public street violated the Petitioners Article 19 ( 1) rights? Here the rule
in question enabled the Commissioner or an officer designated by her to refuse permission
for such ameeting. Chief Justice Sikri writing for the majority distinguished between a
statutory provision thatenabled the regulation of conduct of persons in assemblies and
processions and a rule that enabled the refusal of permission to hold public meetings on
public streets without guidelines being prescribed for the officer responsible. He found no
fault with the prior permission requirement, as according to him "the right which flows from
Art. 19 ( 1) (b) is not a right to hold a meeting at any place and time. It is a right which can
be regulated." He invalidated the arbitrary powers conferred on the officer authorised by the
Commissioner of Police. In Kameshwar Prasad v State of Bihar, a rule that prohibited any
form of demonstrations by government employees was examined. The court reasons that a
government servant, did not lose her fundamental rights, and that the rule by prohibiting
both orderly or disorderly demonstrations violates Article 19(1) (b) . The Court did not take
issue with the notion that governmental employees as a class could have their rights or
freedoms burdened. The apex court explains that "by accepting the contention that the
freedoms guaranteed by Part Ill and in particular those in Article 19 (1) (a) apply to the
servants of Government we should not be taken to imply that in relation to this class of
citizens the responsibility arising from the official position would not by itself impose some
limitations on the exercise of their rights as citizens".

RESTRICTIONS ON THE FREEDOM OF ASSEMBLY

 Article 19 (3) of the Constitution provides that nothing in the right to assemble
peaceably shall affect the operation of any existing law in so far as it imposes, or
prevents 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 that
 13

right. The restrictions pertaining to sovereignty and integrity were added after the
adoption of the Constitution.

 FREEDOM OF ASSOCIATION

Article 19(1 )(c) of the Constitution of India guarantees to all its citizens the right
"to form associations and unions or cooperative societies" Under clause(4) of Article 19, the
state may by law impose reasonable restrictions on this right in the interest of public order or
morality or the sovereignty and integrity of India. The right to form associations or unions or
cooperative societies has a very wide and varied scope including all sorts of associations
viz., political parties, clubs, societies, companies, organizations, entrepreneurships, trade
unions etc. The right to form trade unions should not lead to the conclusion that trade unions
have a guaranteed right to an effective collective bargaining or to strike as a part of
collective bargaining or otherwise. The right to strike or to declare a lock-out may be
controlled or restricted by various industrial legislations such as Industrial Dispute Act or
Trade Unions Act. Right to form association does not carry the right to recognition Right to
form association does not carry the right to strike Right to form association does not carry
the right to inform rival union Freedom of association and government employees In O.K
Ghosh v. E.X.Joseph, the respondent, a government servant was the secretary of the civil
accounts association. The appellant was the accountant general of Maharashtra. A memo
was served on the respondent intimating him that it was proposed to hold an enquiry against
him for having deliberately contravened the provisions of Rule 4-A of the Central Civil
Services (Conduct) Rules 1955 in so far as he participated actively in various
demonstrations organized in connection with the strike of the central government employees
and had taken active part in the preparations made for the strike. The respondent filed a writ
petition in the High Court of Bombay with a prayer that a writ of certiorari be issued to
quash the charge sheet issued against him. He also prayed for a writ of prohibition against
the appellant prohibiting him from proceeding further with the departmental proceedings
against him. The respondent Joseph also contended that Rules 4-A and4-B were invalid as
they contravened the fundamental right guaranteed to him under 19(1 )(a)(b)(c) and (g). The
High Court held that Rule 4-A was wholly valid but Rule 4-B was invalid. Rule 4-A
 14

provided that no government servant shall participate in any demonstration or resort to any
form of strike in connection with any matter pertaining to his conditions of service. Rule B
provided that no government servant shall join or continue to be a member of any service
association which the government did not recognize or in respect of which the recognition
had been refused or withdrawn by it. As both parties were not satisfied with the judgment
given in the High court they preferred appeal to the Supreme Court. The Supreme Court
held that Rule 4-A in so far as it prohibited the demonstration of employees was violative of
fundamental rights guaranteed by Article 19( 1) (a) and (b) , that the High Court was wrong
in conclusion. The Supreme Court further held that participation in demonstration organized
for a strike and taking active part in preparations for it cannot mean participation in the
strike. The respondent could not be said to have taken part in the strike and the proceedings
against him under Rule 4-A were invalid. The Supreme Court also held that Rule 4-B
imposed restrictions on the undoubted right of the government servants under Article 19
which were neither reasonable in the interest of public order under Article 19(4) in granting
or withdrawing recognition, the government might be actuated by considerations other than
those of efficiency or discipline amongst the services or public order. The restrictions
imposed by Rule 4-B infringed Article19(1)(c) and must be held to be invalid.

 Restrictions on the Freedom of Association

The right of association like other individual freedom is not unrestricted. Clause (4)
of Article 19 empowers the State to impose reasonable restriction son the right of freedom of
association and union in the interest of "public order" or "morality" or "sovereignty or
integrity" of India. It saves existing laws in so far as they are not inconsistent with
fundamental right of association.
 15

VII. FREEDOM TO MOVE FREELY THROUGHOUT THE TERRITORY OF

INDIA

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 restrictions
mentioned in clause (5) of Article 19, i.e. in the interest of general public or for the
protection of the interest of any Scheduled Tribe. Article 19( 1) (d) of the Constitution
guarantees to its citizens a right to go wherever they like in Indian territory without any kind
of restriction whatsoever. They can move not merely from one State to another but from one
place another within the same State. This freedom cannot be curtailed by any law except
within the limits prescribed under Article 19(5). What the Constitution lays stress upon is
that the entire territory is one unit so far the citizens are concerned. Thus the object was to
make Indian citizens national minded and not to be petty and parochial.

Grounds of Restrictions - The· State may under clause (5) of Article 19 impose reasonable
restriction on the freedom of movement on two grounds

a)In the interests of general public

b) For the protection of the interest of Scheduled Tribes.

 FREEDOM TO RESIDE AND SETTLE IN ANY PART OF THE

TERRITORY OF INDIA

According to Article 19(1 )(e) every citizen of India has the right "to reside and settle in any
part of the territory of India." However, under clause (5) of Article19 reasonable restriction
may be imposed on this right by law in the interest of the general public or for the protection
of the interest of any Scheduled Tribe. The object of the clause is to remove internal barriers
within India or any of its parts. The words "the territory of India' as used in this Article
indicate freedom to reside anywhere and in any part of the State of India. ·It is to be noted
that the right to reside and right to move freely throughout the country are complementary
and often go together. Therefore most of the cases considered under Article 19(1)(d) are
 16

relevant to Article 19(l)(e)also. This right is subject to reasonable restrictions imposed by

law in the interest of general public or for the protection of the interests of any Scheduled
Tribes. Thus where a prostitute, under the Suppression of Immoral Traffic in Women and
Girls Act, 1956, was ordered to remove herself from the limits of a busy city or the
restriction was placed on her movement and residence, it was held to be a reasonable
restriction.

 FREEDOM TO PRACTISE ANY PROFESSION, OR TO CARRY ON

ANYOCCUPATION, TRADE OR BUSINESS

Article 19 ( 1) (g) of Constitution of India provides Right to practice any profession

or to carry on any occupation, trade or business to all citizens subject to Art.19 (6) which
enumerates the nature of restriction that can be imposed by the state upon the above right of
the citizens. Sub clause (g) of Article 19 ( 1) confers a general and vast right available to all
persons to do any particular type of business of their choice. But this does not confer the
right to do anything consider illegal in eyes of law or to hold a particular job or to occupy a
particular post of the choice of any particular person. Further Art 19( 1) (g) does not mean
that c conditions be created by the state or any statutory body to make any trade lucrative or
to procure customers to the business/businessman. Moreover a citizen whose occupation of a
place is unlawful cannot claim fundamental right to carry on business in such place since the
fundamental rights cannot be availed in the justification of an unlawful act or in preventing a
statutory authority from lawfully discharging its statutory functions. Keeping in view of
controlled and planned economy the Supreme Court in aeries of cases upheld the socially
controlled legislation in the light of directive principles and the activities of the private
enterprises have been restricted to a great extent. However under Article 19(6), the state is
not prevented from making a law imposing reasonable restrictions on the exercise of the
fundamental right in the interest of the general public. A law relating to professional or
technical qualifications is necessary for practicing a profession. A law laying down
professional qualification will be protected under Article 19(6).Under article 19(6)(ii)
nothing contained in Sub-clause(g) of Clause (1) of Article 19 shall affect carrying on by the
State any trade, business, industry or service, whether to the exclusion, complete or partial
 17

of citizens or otherwiseif it is not in the interest of general public. Article 19 (6) (ii) will
have noapplication if the State is not carrying on any trade.
 18

CONCLUSION:

Freedom of expression is a fundamental human right that must be upheld on

democratic societies yet there is worrying global trend of governments unjustifiably limiting
freedom of speech, targeting journalists, protects and other persons considered to be
dissenting from government views even in western democracies. Laws are curtailing protest
activities and threatening press freedom and free speech through mandatory metadata
retention schemes. It is imperative that civil societies across the globe are vigilant in
defending freedom of expression. This is necessary for the enhancement of peoples lives and
the creation and maintenance of strong. health democratic societies.