UPSC Express

Right to Freedom

Art 19(1) – Democratic rights

1. Speech and expression 

• Art 19(1)(a) and Art 21 – inalienable disjunct
• Express your view, right to listen, any communicable medium
• Express others view
• Right to know
• Press freedom
• Elect/reject candidate based on informed choices
• Dissent – criticize govt
• ITA 2000 – Sec 66A – chilling effect
• Defamation – criminal and civil offense
  • Restrictions
    1. Security of state,
    2. sovereignty and integrity of India
    3. Relations with a foreign country
    4. Public order
    5. Morality And Decency
    6. Contempt of court
    7. Defamation

 

1. Assemble

• Corollary of 19(1)(a)
• Assemble anywhere without arms – meeting and procession

1. Association

• Form association, cooperatives, union
• Not avail to military, armed forces
• Strike is illegal, but not hartal

1. Movement

• Whenever, wherever , however

1. Settle/reside

• Settle anywhere within country
• Strengthen unity and territorial integrity and promote fraternity
• ILPS for NE states – Arunachal Pradesh, Mizoram and Nagaland

1. Property – repealed
2. Occupation

• Practice any occupation but with qualification
• State can take over for public interest
• Complementary of Art 301 – to anyone – co operative federalism

 

Art 20: Conviction for offense 

• Ex post facto
  • No retrospective
  • Only for criminal and not for civil and tax
• Double jeopardy
  • Only to criminal courts and tribunals and not to civil and exe
  • No punishing twice
  • Cri + civil – two diff punishments
• Self incrimination
  • No compulsion of self evidence to police
  • Voluntary confession ok to judiciary
  • Specimens can be forced – doesn’t make difference
  • No lie detector, violates privacy

Art 21: Life 

• Fundamental of all FR
• Live with dignity
• Principles of natural justice – basic str, eliminate arbitrariness, fairness
• Procedure established with law
  • Available only against arbitrary action of exe and not legislative
• Due process of law (American const)
  • Arbitrary action of both exe and legislature
• Suicide is criminal offense  – decriminalized (mental health care bill)
• Die with dignity
• Euthanasia – passive and active – voluntary, involuntary, non voluntary
  • Passive – prolong life
  • Active – end life
  • Aruna Shanbaug case vs UOI 2014
  • Passive legal with court’s authority
  • Active illegal
• Advance consent to practise euthanasia
• Santhara

Art 21A : Education 

• 6 to 14yrs – free and compulsory edu by state

Criticism:

• Right to schooling but not RTE
• Centre State uncertain over financial responsibility
• Perf based evaluation – teachers not trained and skilled
• Auto promotion to next std

Art 22: Protection against Detention 

• Punitive
  • Know grounds
  • Official record
  • No suspicion detention
  • Access to legal dept
  • Court within 24 hrs
  • Not detain any more time than sentenced
• Preventive
  • 3 months max
  • Need permission for further
• Under trials
  • Fast track courts
  • Mitigation
  • Grant bail if half term over already