The Right to Freedom, enshrined in Articles 19 to 22 of the Indian Constitution, forms a cornerstone of India’s democratic framework. These provisions guarantee essential civil liberties, ensuring citizens can express themselves, assemble peacefully, and live with dignity. Understanding these articles is crucial for law students, as they encapsulate the balance between individual freedoms and societal interests.

ARTICLE 19: PROTECTION OF CERTAIN RIGHTS REGARDING FREEDOM

Article 19 grants six fundamental freedoms to Indian citizens:

1. Freedom of Speech and Expression: Allows individuals to express their opinions freely. However, this right is subject to reasonable restrictions in the interests of the sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order, decency or morality, contempt of court, defamation, or incitement to an offense.

2. Freedom to Assemble Peaceably and Without Arms: Citizens can gather for peaceful meetings without weapons. Restrictions can be imposed to maintain public order and the sovereignty and integrity of India.

3. Freedom to Form Associations or Unions: Enables the formation of groups, unions, or societies. Reasonable restrictions apply in the interests of public order, morality, and the sovereignty and integrity of India.

4. Freedom to Move Freely Throughout the Territory of India: Allows movement across state boundaries without hindrance. Restrictions may be imposed for reasons of security, public order, or protecting the interests of Scheduled Tribes.

5. Freedom to Reside and Settle in Any Part of the Territory of India: Permits citizens to live in any state. Limitations can be placed to protect indigenous populations and maintain public order.

6. Freedom to Practice Any Profession, or to Carry on Any Occupation, Trade, or Business: Grants the right to choose one’s profession. The state can impose restrictions in the interest of the general public.

CASE LAW: ROMESH THAPPAR V. STATE OF MADRAS, 1950

• Facts: Romesh Thappar’s journal was banned by the Madras government, citing public safety.
• Issue: Whether the ban violated the freedom of speech and expression under Article 19(1)(a).
• Held: The Supreme Court held that freedom of speech and expression is essential for democracy. The ban was unconstitutional as it did not fall under the reasonable restrictions permitted by the Constitution.

ARTICLE 20: PROTECTION IN RESPECT OF CONVICTION FOR OFFENSES

Article 20 provides three key protections:

1. Ex-Post Facto Law: No person can be convicted for an act that was not an offense at the time it was committed. Additionally, penalties cannot be increased retroactively.

2. Double Jeopardy: No person shall be prosecuted and punished for the same offense more than once.

3. Prohibition Against Self-Incrimination: No individual can be compelled to be a witness against themselves.

CASE LAW: K.M. NANAVATI V. STATE OF MAHARASHTRA, 1961

• Facts: Nanavati was tried for murder by a jury, which returned a not-guilty verdict. The verdict was overturned by the Bombay High Court, and Nanavati was retried.
• Issue: Whether the retrial violated the principle of double jeopardy under Article 20(2).
• Held: The Supreme Court held that since the initial trial did not result in a conviction or acquittal by a competent court, the retrial did not violate Article 20(2).

ARTICLE 21: PROTECTION OF LIFE AND PERSONAL LIBERTY

Article 21 states that no person shall be deprived of their life or personal liberty except according to the procedure established by law. This article has been expansively interpreted to include various rights essential to life and personal liberty.

CASE LAW: MANEKA GANDHI V. UNION OF INDIA, 1978

• Facts: Maneka Gandhi’s passport was impounded by the government without providing reasons.
• Issue: Whether the action violated Article 21.
• Held: The Supreme Court held that the procedure established by law must be just, fair, and reasonable. The impounding of the passport without a fair procedure violated Article 21.

ARTICLE 21A: RIGHT TO EDUCATION

Introduced by the 86th Amendment Act, 2002, Article 21A mandates the state to provide free and compulsory education to all children aged six to fourteen years.

ARTICLE 22: PROTECTION AGAINST ARREST AND DETENTION IN CERTAIN CASES

Article 22 provides safeguards against arbitrary arrest and detention:

1. Rights of Arrested Persons:
   • To be informed of the grounds of arrest.
   • To consult and be defended by a legal practitioner of their choice.
   • To be produced before a magistrate within 24 hours of arrest.
   • Protection against detention beyond the said period without the authority of a magistrate.