CONTEXT

The Supreme Court ruled in the case of Kaushal Kishor vs. The State Of Uttar Pradesh Govt. and Ors. that the rights guaranteed under Article 19(1) and Article 21 can be enforced against private individuals, not only against the state.

Article 19: Protection of Certain Rights Regarding Freedom of Speech, etc.

1. Rights Guaranteed:

• Freedom of Speech and Expression (Article 19(1)(a)): All citizens have the right to freedom of speech and expression.
• Right to Assemble Peaceably (Article 19(1)(b)): Citizens can assemble peaceably and without arms.
• Right to Form Associations, Unions, or Co-operative Societies (Article 19(1)(c)): Citizens can form associations, unions, or co-operative societies.
• Right to Move Freely (Article 19(1)(d)): Citizens have the right to move freely throughout the territory of India.
• Right to Reside and Settle (Article 19(1)(e)): Citizens have the right to reside and settle in any part of the territory of India.
• Right to Practice Any Profession or Occupation (Article 19(1)(g)): Citizens have the right to practice any profession, or to carry on any occupation, trade or business.

Originally, Article 19(1)  had 7 rights. But, the right to acquire, hold and dispose of property Article 19(1)(f) was removed by the 44th Amendment Act of 1978 from the list of Fundamental Rights and was made a legal right under article 300A.

2. Reasonable Restrictions:

• Freedom of Speech and Expression (Article 19(2)): Reasonable restrictions can be imposed in the interests of sovereignty and integrity of India, 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.
• Right to Assemble Peaceably (Article 19(3)): Reasonable restrictions can be imposed in the interests of sovereignty and integrity of India, or public order.
• Right to Form Associations (Article 19(4)): Reasonable restrictions can be imposed in the interests of sovereignty and integrity of India, public order, or morality.
• Right to Move Freely and Reside (Article 19(5)): Reasonable restrictions can be imposed in the interests of the general public or for the protection of the interests of any Scheduled Tribe.
• Right to Practice Any Profession or Occupation (Article 19(6)): Reasonable restrictions can be imposed in the interests of the general public, particularly regarding professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business, or regarding the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry or service.

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