The Constitution of India guarantees certain freedoms to its citizens under Articles 19 to 22. These freedoms are essential for the overall development and well-being of an individual, and their protection is of utmost importance in any democratic society.
Article 19 of the Constitution guarantees six freedoms to all citizens of India: freedom of speech and expression, freedom to assemble peaceably and without arms, freedom to form associations or unions, freedom to move freely throughout the territory of India, freedom to reside and settle in any part of the territory of India, and the freedom to practice any profession, or to carry on any occupation, trade or business.
While these freedoms are fundamental to the functioning of a democratic society, they are subject to reasonable restrictions that can be imposed by the state in the interest 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.
Article 20 of the Constitution provides for protection against self-incrimination, which means that no person accused of any offence shall be compelled to be a witness against himself. This is an essential principle of natural justice and is in line with the principle of ‘innocent until proven guilty’, which is a cornerstone of the criminal justice system in India.
Article 21 of the Constitution guarantees the right to life and personal liberty, and states that no person shall be deprived of his life or personal liberty except according to the procedure established by law. This right is considered to be the most important of all the fundamental rights, and has been interpreted by the courts in a very broad and expansive manner. It has been held that the right to life and personal liberty includes within its ambit the right to a clean and healthy environment, the right to food, the right to education, and the right to health, among others.
Article 22 of the Constitution provides for protection against arrest and detention in certain cases. It states that no person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice. It also provides that every person who is arrested and detained in custody shall be produced before a magistrate within a period of 24 hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the magistrate.
In conclusion, the freedoms guaranteed under Articles 19 to 22 of the Constitution of India are essential for the overall development and well-being of an individual, and their protection is of utmost importance in any democratic society. These freedoms are, however, subject to reasonable restrictions that can be imposed by the state in the interest 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. It is the duty of the state to ensure that these freedoms are protected and upheld, and that any restrictions imposed are reasonable and necessary in the circumstances.
Important points on this topic (for exam perspective)
- The Constitution of India guarantees certain freedoms to its citizens under Articles 19 to 22, including freedom of speech and expression, freedom to assemble peaceably and without arms, freedom to form associations or unions, freedom to move freely throughout the territory of India, freedom to reside and settle in any part of the territory of India, and the freedom to practice any profession or carry on any occupation, trade or business.
- These freedoms are subject to reasonable restrictions that can be imposed by the state in the interest 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.
- Article 20 of the Constitution provides for protection against self-incrimination, which means that no person accused of any offence shall be compelled to be a witness against himself.
- Article 21 of the Constitution guarantees the right to life and personal liberty, and has been interpreted by the courts in a very broad and expansive manner to include the right to a clean and healthy environment, the right to food, the right to education, and the right to health, among others.
- Article 22 of the Constitution provides for protection against arrest and detention, including the right to be informed of the grounds for arrest, the right to consult and be defended by a legal practitioner, and the requirement to be produced before a magistrate within 24 hours of arrest.
- It is the duty of the state to ensure that the freedoms guaranteed under Articles 19 to 22 are protected and upheld, and that any restrictions imposed are reasonable and necessary in the circumstances.
Important mcq with answers
Which of the following is NOT a freedom guaranteed to citizens of India under Article 19 of the Constitution?
a. Freedom of speech and expression
b. Freedom to assemble peaceably and without arms
c. Freedom to form associations or unions
d. Freedom to move freely throughout the territory of India
e. Freedom to practice any profession or carry on any occupation, trade or business
f. Freedom to own property
Answer: f. Freedom to own property (it is not specifically mentioned in Article 19)
Which of the following can be used to impose reasonable restrictions on the freedoms guaranteed under Article 19 of the Constitution?
a. The sovereignty and integrity of India
b. The security of the state
c. Friendly relations with foreign states
d. Public order
e. Decency or morality
f. Contempt of court, defamation, or incitement to an offence
g. All of the above
Answer: g. All of the above (all of these are listed as grounds for imposing reasonable restrictions on the freedoms guaranteed under Article 19)
Which of the following is NOT protected under Article 21 of the Constitution?
a. The right to life and personal liberty
b. The right to a clean and healthy environment
c. The right to food
d. The right to education
e. The right to health
f. The right to property
Answer: f. The right to property (it is not specifically mentioned in Article 21)
What is the maximum period of time that a person can be detained without being produced before a magistrate, as per Article 22 of the Constitution?
a. 12 hours
b. 24 hours
c. 36 hours
d. 48 hours
e. 72 hours
Answer: b. 24 hours (Article 22 states that every person who is arrested and detained in custody shall be produced before a magistrate within a period of 24 hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the magistrate)
Which of the following is NOT a right guaranteed to a person who has been arrested, as per Article 22 of the Constitution?
a. The right to be informed of the grounds for arrest
b. The right to consult and be defended by a legal practitioner
c. The right to be produced before a magistrate within 24 hours of arrest
d. The right to be released on bail
e. The right to compensation for unlawful detention
Answer: d. The right to be released on bail (Article 22 does not specifically mention the right to be released on bail, though it is a right that is generally available to accused persons under other provisions of the law)
Which of the following is NOT a fundamental right protected under the Constitution of India?
a. The right to equality
b. The right to freedom of religion
c. The right to freedom of speech and expression
d. The right to privacy
e. The right to property
Answer: e. The right to property (though the right to property was originally a fundamental right under the Constitution, it was removed as a fundamental right by the 44th Amendment Act of 1978, though it continues to be a legal right)