Right to freedom -Article(19-22)
Answers
This right is a cluster of six essential freedoms and their protection.
(a) Under Article-19,
the Constitution gaurentees six basic freedoms to its Citizens, viz .
(i) Freedom of speech and expression
(ii) Freedom to assemble peacefully without arms.
(iii)Freedom to move freely throughout India.
(iv) Freedom to reside and settle in any part of India.
(v) Freedom to practice any proffession, trade or business.
(vi) Freedom to form associations and unions.
There is no specific provision in our Constitution gauranteeing the freedom of the press because freedom of the Press is included in the wider freedom of 'expression' which is gaurenteed by Article 19.
Limitations
(i) Emergency: Article 19 can be suspended during emergency.
(ii)Not Absolute: The security of the state and national interest being of paramount interest, reasonable, restrictions could be imposed on the implementation of this right.
(iii)Law of Parliament: legislation like preventive detention, Essential Services Maintenance Act [ ESMA] impose certain restrictions on the right to
Freedom.
(b) Protection in respect of conviction:
Under Article-20 the following protection are available to a citizen.
(i) Against greater penalty than what is prescribed under the law is prohibited.
(ii) No one can be punished or prosecuted for the same offence twice.
(iii)A person cannot be compelled to be a witness in the case where he himself is accused of the offence.
(c) Protection of life and personal liberty:
Under Article-21 a person cannot be deprived of his life and liberty except in accordance with the law.
(d) Protection against arrest and detention:
Article-22 gives such rights to the citizens under two different circumstances.
(i) Ordinary circumstances
•To be informed of his/her offence
•To be presented before a magistrate within 24 hours from the time of arrest.
•The right to consult a lawyer and prepare for defence at the trial.
(ii) Preventive detention:
Incase of a person is detained under Preventive detention he can be kept in custody of three months.
• Preventive detention does not mean that a person stands accused.
• Grounds of detention have to be specified and the detainee informed of these grounds.
Limitations
(i) Public interest: The authority or the state can take recourse to public interest and refuse to disclose the grounds of detention.
(ii) Power of the Parliament: The legislature or the parliament has the power to specify the maximum period of Preventive detention.
The Constitution guarantees six fundamental rights to Indian citizens as follows: (i) right to equality, (ii) right to freedom, (iii) right against exploitation, (iv) right to freedom of religion, (v) cultural and educational rights, and (vi) right to constitutional remedies.