Question & Answer
QUESTION

Explain the rights to freedom

ANSWER

Right to freedom is one of the most fundamental rights assured by the Indian constitution. It is the because of the prevalence of these freedoms that make democracy purposeful. Right to freedom generates liberty of expression and speech, association, or assembly or cooperatives, movement, right to practice any occupation or profession, right to liberty and life, protection and offenses against detention and arrest in many cases. Per Indian constitution’s 44th amendment, the right to hold and dispose of the property has been removed from the list of fundamental freedoms in the year 1978.


Right to freedom consists of four main laws:


• The right to freedom to the citizens of getting assembled anywhere in India without carrying weapons or arms along with them. Reasonable restrictions are being imposed by the state for the integrity and sovereignty of India and in order for the safety and protection of the public.

• The right to freedom of speech and expression, on which some restrictions are being executed by the government of India.

• The freedom to form cooperative societies, associations or unions. Some restrictions are being imposed by the government for the morality and sovereignty of India and for the interest of public order.

• The freedom to settle down and reside in any state of India. In that also there are some restrictions in order for the protection of the tribal people. Also there are limitations on the people moving and settling down in Jammu and Kashmir as they have a different constitution. As per article no. 370 of Indian Constitution, only those people who had ancestral citizenship, means whose ancestors used to reside there before 1954 have the citizenship and not for the other states person and even not to the woman of Jammu & Kashmir who marry a person who is not a citizen of Jammu and Kashmir.

• The freedom to travel to any part of India. But in order to control epidemics, reasonable restrictions can be implemented on this right for public safety.

• The freedom to practice any occupation or profession of their choice, according to which citizens of India can opt for any career they want to go.


Even though, the state may enforce limitations on the exercise of the right to freedom of speech and expression on eight grounds. These are:

1. Denouncement,

2. Disrespect of court,

3. Decency or morality,

4. Security of the state,

5. Friendly relations with other states,

6. Agitation of offence and,

7. Sovereignty and

8. Integrity of India.


Rights to Freedom during National Emergency

Under Article 19 of the Indian constitution, right to freedom gets deferred during the timeline of National Emergency which is normally declared by the President of India. Additionally, during the operational period of National emergency, the President is empowered to suspend the right of citizens to move the Supreme Court for the enforcement of their personal freedom.