Context: The concept of free speech is under discussion after the arrest of Telegram Founder Pavel Durov. In this context let us understand the concept of Free Speech and Article 19 of Indian Constitution.
Article 19 of Indian Constitution guarantees to all citizens the six rights, these are:
- Right to freedom of speech and expression.
- Right to assemble peaceably and without arms.
- Right to form associations or unions or co-operative societies.
- Right to move freely throughout the territory of India.
- Right to reside and settle in any part of the territory of India.
- Right to practice any profession or to carry on any occupation, trade or business.
Originally, Article 19 contained seven rights. But the right to acquire, hold and dispose of property was deleted by the 44th Amendment Act of 1978.
These six rights are protected against only state action and not private individuals. Moreover, these rights are available only to the citizens and to shareholders of a company but not to foreigners or legal persons like companies or corporations, etc.
The State can impose 'reasonable' restrictions on the enjoyment of these six rights only on the grounds mentioned in the Article 19 itself and not on any other grounds. The six rights contained in Article 19 and the grounds of imposing reasonable restrictions on them are mentioned below:
| Sl. No. | Rights | Grounds of Restrictions |
| 1 | Right to freedom of speech and expression - Article 19(1)(a) | Under Article 19(2): (i) Sovereignty and integrity of India (added by the 16th Amendment Act, 1963) (ii) Security of the State (iii) Friendly relations with foreign states (added by the 1st Amendment Act, 1951) (iv) Public order (added by the 1st Amendment Act, 1951) (v) Decency or morality (vi) Contempt of court (vii) Defamation (viii) Incitement to an offence (added by the 1st Amendment Act, 1951) |
| 2 | Right to assemble peaceably and without arms - Article 19(1)(b) | Under Article 19(3): (i) Sovereignty and integrity of India (added by the 16th Amendment Act, 1963) (ii) Public order |
| 3 | Right to form associations or unions or co-operative societies - Article 19(1)(c) | Under Article 19(4): (i) Sovereignty and integrity of India (added by the 16th Amendment Act, 1963) (ii) Public order (iii) Morality |
| 4 | Right to move freely throughout the territory of India - Article 19(1)(d) | Under Article 19(5): (i) In the interests of the general public (ii) Protection of the interests of any scheduled tribe |
| 5 | Right to reside and settle in any part of the territory of India - Article 19(1)(e) | Under Article 19(5): (i) In the interests of the general public (ii) Protection of the interests of any scheduled tribe |
| 6 | Right to acquire, hold and dispose of property - Article 19(1)(f) (Omitted by the 44th Amendment Act, 1978) | No longer applicable |
| 7 | Right to practise any profession, or to carry on any occupation, trade or business - Article 19(1)(g) | Under Article 19(6): (i) In the interests of the general public (ii) Requirement of necessary professional or technical qualification (iii) Any trade, business, industry or service carried on by the State to the exclusion of citizens (added by the 1st Amendment Act, 1951) |