Which of the following statements with regard to Article 19(1) of the Constitution of India is/are correct? 1. Freedoms under this Article are not absolute 2. Reasonable restrictions can be imposed on the exercise of freedoms under this Article. Select the answer using the code given below:
- (a)1 only
- (b)2 only
- (c)Both 1 and 2
- (d)Neither 1 nor 2
Correct — C, Both 1 and 2. The six freedoms in Article 19(1) — speech and expression, assembly, association, movement, residence and profession — are fundamental but not absolute (statement 1). Clauses 19(2) to 19(6) expressly empower the State to impose reasonable restrictions on them on specified grounds such as the sovereignty and integrity of India, security of the State, public order, decency or morality, and defamation (statement 2). Both statements are therefore correct.
- (a)1 only — Statement 2 is also correct: clauses 19(2)-(6) are the very provisions that authorise reasonable restrictions, so '1 only' is incomplete.
- (b)2 only — Statement 1 is also correct: because the freedoms carry built-in limitation clauses, they are not absolute — so '2 only' is incomplete.
- (d)Neither 1 nor 2 — Both statements are correct, so 'neither' is wrong.
Article 19(1) guarantees six freedoms to citizens: speech and expression, assembly, association, movement, residence, and profession/occupation/trade. None is absolute — clauses 19(2) to 19(6) let the State impose 'reasonable restrictions' on defined grounds. The word 'reasonable' means such restrictions are open to judicial review.
The trap is assuming any fundamental right is absolute. In the Indian scheme every freedom in Article 19(1) is paired with a restriction clause, so a well-worded 'freedoms are not absolute' statement is always true. The former right to property [19(1)(f)] was deleted by the 44th Amendment (1978), leaving six freedoms.
- Article 19(1) currently guarantees six freedoms; the original right to property [19(1)(f)] was removed by the 44th Amendment (1978).
- Clauses 19(2)-(6) permit 'reasonable restrictions'; the 19(2) grounds include sovereignty and integrity of India, security of the State, public order, decency or morality, defamation, contempt of court, and incitement to an offence.
- Restrictions must be 'reasonable' and are subject to judicial review (the proportionality standard).
- Article 19 freedoms are available only to citizens, unlike Article 21, which protects all persons.
Both statements are correct — hence the answer is (c).
- Assuming a fundamental right can be absolute.
- Forgetting the 44th Amendment removed property from Article 19(1), reducing the count to six.
- Confusing Article 19 (available to citizens) with Article 21 (available to all persons).
Asked as statements on whether Article 19 freedoms are absolute and whether reasonable restrictions may be imposed.
Consider the following statements: No one can be compelled to sing the National Anthem since I. It will be violative of the Right to freedom of speech and expression. II. It will be violative of the Right to freedom of conscience and practise and propagation of religion. III. There is no legal provision obliging anyone to sing the National Anthem. Of these statements
- (a) I and II are correct
- (b) II and III are correct
- (c) I, II and III are correct
- (d) None is correct
Answer(c) I, II and III are correct
Same Article 19(1)(a) freedom — freedom of speech and expression. UPSC applied it in Bijoe Emmanuel (no one can be compelled to sing the National Anthem), a concrete illustration of how the Article 19(1) freedoms this NDA question deals with actually operate.
- practice — not a real PYQ
How many freedoms are currently guaranteed under Article 19(1) of the Constitution?
- (a)Five
- (b)Six
- (c)Seven
- (d)Eight
Answer(b) Six — the original right to property was deleted by the 44th Amendment, leaving six freedoms.
- practice — not a real PYQ
Reasonable restrictions on the freedom of speech under Article 19(2) can be imposed on which of the following grounds?
- (a)Public order
- (b)Right to property
- (c)Directive Principles
- (d)Financial emergency
Answer(a) Public order — it is an express ground under Article 19(2).