Examine the various provisions and exceptions dealing with ‘Right to Freedom’ under Indian Constitution

(A) There are 6 fundamental freedoms given under article 19
1.     Freedom of Speech and expression
2.     Freedom of Peaceful assembly
3.     Freedom of forming associations and union
4.     Freedom of movement throughout the country
5.     Freedom of residence and settlement in any part of the country
6.     Freedom of profession, occupation, trade and business

Reasonable Restrictions

  1. The right to freedom of speech and expression is subject to restrictions, imposed by the state, relating to
    a. Security of country
    b. Public order
    c. Decency to morality
  2. The right to freedom of assembly is subject to two restrictions
    a. The assembly must be peaceful.
    b. The assembly must be without arms.
  3. The right to freedom of formulating associations and unions is also subject to reasonable restrictions imposed by the state in the interest of public order, security and integrity of the country
  4. The right to freedom of movement, residence or settlement in any part of India is subject to reasonable restrictions imposed by the state in the interest of the general public or for the protection of the interest of tribal people.
  5. The right to freedom of profession occupation or business is subject to reasonable restrictions imposed by the stated in the interest of the general public. The state is empowered to prescribe professional or technical qualifications for carrying on any profession or occupation.

(B) Article No. 20:- Protection in respect of conviction.
Article no. 20 guarantees protection against ex- post factor legislation and protection against double punishment. Protection against ex- post factor legislation guarantees protection against ex- post facto legislation or law. That is retrospective criminal legislation. Further article 20 says of states of that no accused or criminal can be prosecuted and punished twice for the same crime.

(C) Article No. 21:- Protection of life and personal liberty.
Article no. 21 says that no person shall be deprived of his life or personal liberty except according to the procedure established by the law. It means that if a person is to be deprived of life or personal liberty, the authority concerned must fm so under the law; which supports such actions

(D) Article No. 22:- Protection against arrest and detention in certain cases.

  • No person who is arrested shall be detained in custody without being informed.
  • No such person shall be denied the right to consult a lawyer.
  • Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of 24 hours.