Chapter : 3. Democratic Rights
Right to Freedom (Articles 19 to 22)
2. Right to Freedom (Articles 19 to 22) : Various kinds of individual and collective freedoms have been guaranteed to the citizens of the Republic of India under Articles 19 to 22 of the Constitution. Although the freedoms guaranteed under these Articles are regulated through certain restrictions for the sake of public interest and safety of the State, yet they go a long way in making India a really democratic polity. The Right to Freedom is actually a cluster of several rights. Some of the most important rights guaranteed under the Right to Freedom are as follows :
(a) Right to Freedom of Speech and Expression : This right allows the citizens to discuss freely all matters concerning public as well as national well-being orally or through the press. But this right cannot be used for slandering others, for jeopardising the safety and integrity of the State or for inciting violence.
(b) Right to Assemble Peacefully and without Arms : This right is necessary for the exchange of views and propagation thereof. But the assembly should invariably be peaceful and should not pose a danger to law and order.
(c) Right to Form Associations or Unions : To safeguard individual as well as collective interests of the citizens, this right has been guaranteed by the Constitution. Restrictions, however, can be imposed against such unions or associations if they tend to pose a danger to the safety of the State or indulge in immoral and illegal activities.
(d) Right to Free Movement : Every citizen of India is entitled to free movement throughout the territory of India with the exception that this freedom does not apply to private buildings and estates. This right further implies that no person can be detained or imprisoned without the express sanction of law. Restrictions, however, can be imposed on this freedom by the State in public interest.
(e) Right to Reside and Settle in Any Part of the Territory of India : A citizen of the Indian Republic can choose to reside in any part of the country with the only limitation that it should not go against the interests of the weaker sections of the society. He can purchase, keep, transfer or dispose of property in any part of the country except in the State of Jammu and Kashmir, where it is prohibited for citizens other than those of the state itself. Further, the State can acquire the property of any citizen for public use.
(f) Right to Practise Any Profession or to Carry on Any Occupation : The Constitution of India bestows on every citizen of India the right to practise any profession or carry on any occupation but such profession should not be detrimental to public interest or moral ethics of the society, i.e., traffic in women or children, smuggling, etc. cannot be allowed.
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