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Constitution of India · Part III: Fundamental Rights · Right to Freedom

Article 19: Protection of certain rights regarding freedom of speech, etc

In plain words

All citizens have the right to freedom of speech and expression, to assemble peaceably without arms, to form associations, unions or co-operative societies, to move freely throughout India, to live and settle anywhere in India, and to practise any profession or carry on any occupation, trade or business.

  • Free speech can be subject to reasonable restrictions by law in the interests of India's sovereignty and integrity, State security, friendly foreign relations, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.
  • Assembly and association can be reasonably restricted for sovereignty and integrity or public order (and morality, for associations).
  • Movement and residence can be reasonably restricted in the general public interest or to protect Scheduled Tribes.
  • Trade and profession can be reasonably restricted in the public interest, including by requiring qualifications and allowing State monopolies.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Read the in-depth explanation, with key Supreme Court rulings ↓

Official text

(1) All citizens shall have the right—

(a) to freedom of speech and expression;

(b) to assemble peaceably and without arms;

(c) to form associations or unions [or co-operative societies];

(d) to move freely throughout the territory of India;

(e) to reside and settle in any part of the territory of India; [and] [(f)* * * * *]

(g) to practise any profession, or to carry on any occupation, trade or business. [(2) Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests 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.]

(3) Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of [the sovereignty and integrity of India or] public order, reasonable restrictions on the exercise of the right conferred by the said sub-clause.

(4) Nothing in sub-clause (c) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of [the sovereignty and integrity of India or] public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub-clause.

(5) Nothing in [sub-clauses (d) and (e)] of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any Scheduled Tribe.

(6) Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause, and, in particular, [nothing in the said sub-clause shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to,—

(i) the professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business; or

(ii) the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise.]

Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Understanding this article

Article 19(1) guarantees six freedoms to citizens: speech and expression, peaceful assembly, association, movement, residence, and profession, trade or business. None is absolute. Clauses (2) to (6) allow the State to impose reasonable restrictions, but only on the specific grounds listed for each freedom.

Citizens only

Unlike Articles 14 and 21, Article 19 protects only citizens. Companies, though not citizens, have been allowed to raise Article 19 claims through their shareholders in some situations, but the right itself belongs to citizens.

Each freedom has its own grounds

Restrictions on speech are allowed only in the interests of sovereignty and integrity, security of the State, friendly relations with foreign States, public order, decency or morality, contempt of court, defamation, or incitement to an offence. A restriction on speech for any other purpose, such as protecting the general public's convenience, is not saved. Freedom of trade, by contrast, may be restricted in the interests of the general public, a much wider ground.

What makes a restriction reasonable

A restriction must have a proximate connection with the listed ground, and must not be excessive. Courts now test this through proportionality: the measure must pursue a legitimate aim, be rationally connected to it, be the least restrictive measure that is equally effective, and strike a fair balance between the right and the public purpose.

Speech: discussion, advocacy, incitement

Mere discussion or even advocacy of an unpopular cause is protected. Only when speech reaches the level of incitement, closely connected to public disorder, can it be restricted on the ground of public order. Vague and overbroad laws that chill speech are struck down.

Freedom through the internet

Speech and trade conducted through the internet are protected under Article 19(1)(a) and (g). Restrictions such as internet shutdowns must satisfy proportionality, and cannot be indefinite.

Key Supreme Court rulings

  • Shreya Singhal v. Union of India 2015 INSC 257

    Struck down section 66A of the Information Technology Act as violating Article 19(1)(a) and not saved by Article 19(2); its open ended, vague expressions had a chilling effect on speech and suffered from overbreadth.

  • Anuradha Bhasin v. Union of India 2020 INSC 31

    Freedom of speech and of trade through the internet is protected under Article 19; restrictions must consider appropriateness, necessity and the least restrictive measure, and an indefinite internet suspension is not permissible.

  • Radhika Agarwal v. Union of India 2025 INSC 272

    Restated the four prongs of proportionality: legitimate aim, rational connection, minimal impairment (whether a less restrictive alternative was equally effective), and a balancing stage.

Common mistakes

  • Justifying a restriction on speech by a ground listed only for another freedom.
  • Treating advocacy as incitement.
  • Forgetting that Article 19 rights belong to citizens only.

Read with: Article 14 Constitution, Article 21 Constitution, Article 358 Constitution

Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.

Supreme Court judgments citing the article 19