Which of the following rights are mentioned under article 19 right to express one rsquo s opinion fr...........

Legal Reasoning Others

The Supreme Court said that access to the internet is a fundamental right under article 19 of the constitution. A basic element of a functional democracy is to allow all citizens to participate in the political and social processes of the country. There is ample freedom of speech, thought and expression in all forms (verbal, written, broadcast, etc.) in a healthy democracy. Article 19 inscribed in the constitution says:-

(1) All citizens shall have the right

(a) to freedom of speech and expression;

(b) to assemble peaceably and without arms;

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

(e) to reside and settle in any part of the territory of India; and

(f) omitted

(g) to practise any profession, or to carry on any occupation, trade or business

Article 19(2) in The Constitution Of India 1949

(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.

Which of the following rights are mentioned under article 19?

right to express one’s opinion freely without any fear through oral / written / electronic/ broadcasting / press.
Right to silence

Choose the correct statement:

Only 1 is correct

Only 2 is correct

Both are correct

Both are incorrect

Explanation:

Both the statements are correct. Freedom of speech also includes the right to silence. In a case⁶, three children belonging to Jehovah’s witnesses were expelled from the school for refusing to sing the national anthem, although they stood respectfully when the same was being sung. They challenged the validity of their expulsion before the Kerala High Court which upheld the expulsion as valid and on the ground that it was their fundamental duty to sing the national anthem. On appeal, the Supreme Court held that the students did not commit any offence under the Prevention of Insults to National Honour Act, 1971. Also, there was no law under which their fundamental right under Article 19(1) (a) could be curtailed