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THIS STORY IS FROM JANUARY 10, 2020
INDIA
What is Article 19 in the Constitution of India: Explained
TIMESOFINDIA.COM | Updated: Jan 10, 2020, 12:46 IST
TIMESOFINDIA.COM
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The Supreme Court on Friday said that access to the internet is a fundamental right under Article 19 of the Constitution and asked the Jammu and Kashmir administration to review within a week all orders imposing curbs in the Union Territory. Here is a look at what does Article 19 inscribed in the Constitution of India says —
What is Article 19?
Right to Freedom (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 practise any profession, or to carry on any occupation, trade or business
The clause (2) states that "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."
Why is it important in the context of J&K?
Ever since the abrogation of Article 370 in J&K on August 5 last year, internet services have been suspended in the state leading to severe disruption of day-to-day activities. The Supreme Court in its verdict observed that freedom of expression and carrying on trade through the internet is protected under Article 19(1) of the Constitution of India. The Court added that it can only be restricted under the reasons given in the sub-clause (2) of Article 19. "Freedom of expression and carrying on trade through the internet is protected under Article 19(1) of the constitution and can be restricted only under the reasons given in Article 19(2) of the Constitution," the SC said in its judgment while reviewing petitions challenging restrictions in J&K.
What did the petitioners say?
"Mere apprehension (of the government) that something might happen cannot be a justification for throttling speech and communication links. There has to be cogent evidence to back such exercise of power," senior advocate Kapil Sibal told SC.
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TOP COMMENT
Gobvt should declare emergency and execute all pottial truble makers under AFSPA, even if there are a million of them. Then internet should be started as afundamental right after resroing entire land tp pundits as per ancestral records and in absense of records as per statements of the survivors f massgenocide of Hindus. .
Okman
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