06 Jan 2023 The broader ambit of Article 19

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The broader ambit of Article 19

This article covers “Daily current events “and the topic is ‘Article 19’ which is in news, it covers the “Indian Polity” In GS-2, and the following content has relevance for UPSC.

For prelims: Facts about Article 19 and fundamental rights.

For mains: GS-2, Importance And Ambit of article-19

Why in news:

The Supreme Court (SC) recently expanded the grounds for asserting free speech rights against other individuals.

About the Case:

In a petition, the court was asked if a basic right protected by Article 19 or Article 21 of the Indian Constitution might be asserted against parties other than the “State” or its agencies.
The court responded with a majority decision that was probably yes.
The court expanded free speech to include private persons, opening the door to a variety of constitutional law options.

About Article 19

Article 19(1) of the Constitution of India guarantees six fundamental freedoms to every citizen of India, namely:
Freedom of speech and expression;
Freedom to assemble peacefully and without arms;
Freedom to form associations, unions, or co-operative societies;
Freedom to move freely throughout the territory of India;
Freedom to reside and settle in any part of the territory of India, and
Freedom to practice any profession, or to carry on any occupation, trade, or business.

Importance Article 19

This freedom is necessary because, rather than the government being over and against the people, it is the people who have the censorial power.

To achieve the following goals, freedom of speech and expression is necessary:

To find the truth
Lack of self-fulfillment
Democratic ideal
promoting plurality

Article 19’s application

A right used against the state is Article 19, which provides freedom of speech and expression.

Some fundamental rights are explicitly against the state and other people, such as those that forbid bonded labor, untouchability, and other forms of trafficking.

Reasonable limitations

It includes those related to India’s sovereignty and integrity, the security of the nation, goodwill toward other countries, public order, morality, or matters of defamation, incitement to crime, or public decency.

Restriction on Curtailing:

The freedom of speech and expression protected by Article 19(1)(a) cannot be restrained for any new reasons not explicitly stipulated in Article 19. (2).

The transformation from state to citizen:

The transformation was from state to authorities to instruments of state to agencies of government to imbue with governmental character to enjoy monopoly status granted by the state to deep and pervasive control to the nature of the duties/functions performed.

Government stand:

The Puttaswamy case One of the main defenses offered by the government was the claim that although privacy is a right that can be enforced against other citizens, it cannot be elevated to the position of a fundamental right against the state.

Impact of the court’s decision

Obligation:

According to this interpretation, the government may have a duty to make sure that private organizations follow the Constitution’s rules as well.
The regulation realm expands significantly: Possible scenarios include enforcing privacy rights against a private physician and enforcing the right to free expression against a private social media company.

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