Article 19 - Constitution of India - Notes
Article 19 - Constitution of India - Notes
Article 19 - Constitution of India - Notes
The freedom given under Article 19 could only be restricted on the grounds mentioned in the
article itself.
Grounds of Restriction
Security of State and Public order – Public order means public peace, safety and tranquility.
Sovereignty and integrity of India – This is the restriction which legitimizes the law of
sedition. Was added by 16th Amendment Act based on the recommendations made by the
Committee on National Integration and Regionalism. Targets individuals or organizations
promoting secessionist tendencies or ideas of disintegration.
Friendly relations with foreign states
Incitement to an offence
Contempt of Courts
Decency or morality
Freedom of Press
Right to Demonstration
Test of Reasonability
O. K. Ghosh v. Ex. Joseph – The restriction imposed should be reasonable and be rationally
proximate and in nexus with public interest.
Virendra v. State of Punjab – Absence of provision for review makes the provisions
unreasonable.
Municipal Corporation of Thecity v. Jan Mohd. Usmanbhai – The reasonableness should be
determined in an objective manner and from the angle of the general public’s interest and not
from the viewpoint of the person upon whom the restriction are imposed.
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