Fundamental Rights (Articles 12-35)- Right to Freedom (Article 19-22)

Right to Freedom (Article 19-22)– Relevance for UPSC Blog

• GS Paper 2: Indian Constitution- Historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

Fundamental Rights (Articles 12-35)- Background

• About: The Fundamentals rights guaranteed under the Constitution of India are fundamental as they have been incorporated into the Fundamental Law of the Land.
  • Rights literally mean those freedoms which are essential for personal good as well as the good of the community.
  • Fundamental Rights (Articles 12-35) are applied without discrimination on the basis of race, religion, gender, etc.
• Key Mandate of Fundamental Rights: Fundamental Rights are provided in the Indian constitution with an aim to promote the ideals of political democracy in India.
• Source of Fundamental Rights: Fundamental Rights (FRs) of the Indian Constitution derive their origin from the US Constitution (United States Bill of Rights).

Right to Freedom (Article 19-22)- Key Points

• Importance of Freedom: Freedom is the most cherished desire of every living being. Human beings definitely want and need freedom.
• About: The Constitution of India provides the Right to Freedom to all its citizens. This Right to Freedom under Fundamental Rights is stipulated under Articles 19-22.

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Right to Freedom (Article 19-22)- Key Provisions

The following are the four categories of Rights to Freedom are mentioned below-

• Protection of 6 Rights (Article 19): This article of the Constitution provides for the following six freedoms-
  • Freedom of speech and expression
  • Freedom to assemble peacefully and without arm
  • Right to form associations or unions or co-operative societies.
  • Right to move freely throughout the territory of India.
  • Right to reside and settle in any part of the territory of India.
  • Right to practice any profession or to carry on any occupation, trade or business.
• Protection in respect of conviction for offences (Article 20): Article 20 of the Constitution provides for the protection in respect of conviction for offences.
  • No ex-post facto law: No one can be convicted for an act that was not an offence at the time of its commission, and no one can be given punishment greater than what was provided in the law prevalent at the time of its commission.
    • This provision is not applicable on civil or tax laws or even on criminal trials, preventive detention cases
  • No double jeopardy: No one can be prosecuted and punished for the same offence more than once.
    • This provision is not available in proceedings before departmental or administrative authorities
  • No self-incrimination: No one can be forced to give witness against his or her own self.
• Protection of life and personal liberty (Article 21): As provided in Article 21, no one can be deprived of his or her life or personal liberty except according to the procedure established by law.
• Protection against arrest and detention in certain cases (Article 22): whenever a person is arrested, he or she should be informed, as soon as it is possible, of the grounds for arrest and should be allowed to consult and to be defended by a legal practitioner of his or her choice.
  • The arrested person must be produced before the nearest magistrate within 24 hours of such an arrest excepting a person who has been arrested under preventive detention law.
  • The case of the person arrested under preventive detention law has also to be referred to an Advisory Board within a period of three months of his or her arrest.

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