Protection of certain rights regarding freedom of speech, etc.

Article 13, Draft Constitution of India 1948

(1) Subject to the other provisions of this article, 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;
(d) To move freely throughout the territory of India;
(e) To reside and settle in any part of the territory of India;
(f) To acquire, hold and dispose of property; and
(g) To practise any profession, or to carry on any occupation, trade or business.

(2) Nothing in sub-clause (a) of clause (1) of this article shall affect the operation of any existing law, or prevent the State from making any law, relating to libel, slander, defamation, sedition or any other matter which offends against decency. or morality or undermines the authority or foundation of the State.

(3) Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law, or prevent the State from making any law, imposing in the interests of public order 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, or prevent the State from making any law, imposing, in the interests of the general public, restrictions on the exercise of the right conferred by the said sub-clause.

(5) Nothing in sub-clauses (d), (e) and (f) of the said clause shall affect the operation of any existing law, or prevent the State from making any law, imposing 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 aboriginal tribe.

(6) Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law, or prevent the State from making any law, imposing in the interests of public order, morality or health, restrictions on the exercise of the right conferred by the said sub-clause and in particular prescribing, or empowering any authority to prescribe, the professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business.

Article 19, Constitution of India 1950

(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;

(f) to acquire, hold and dispose of property; and

(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 in so far as it relates to, or prevent the State from making any law relating to, libel, slander, defamation, contempt of court or any matter which offends against decency or morality or which undermines the security of, or tends to overthrow, the State.

(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 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 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.

Draft Article 13 (Article 19, Constitution of India 1950) was debated on 1 and 2 December 1948, and 16 and 17 October 1949. It laid down the right to certain freedoms with certain restrictions.

The discussion primarily focused on the restrictions placed on the exercise of the freedoms set out in this Draft Article. Some members felt that no right can be absolute, and that there must exist limitations on the same in certain circumstances. These supporters of the restrictions placed on the freedoms maintained that such restrictions are necessary to ensure the unhampered functioning of the Constitution and the State, particularly in light of the sociopolitical situation at the time.

Other members were gravely concerned that the restrictions provided in this Draft Article greatly curtailed the extent of the freedoms enjoyed under it. A member argued that the restrictions were so wide that the situation would not be too different from what it was under colonial rule.

Multiple amendments were proposed to this Draft Article. Predictably, most of them were in relation to the scope of the restrictions. First, a member proposed an amendment introducing the term ‘reasonable restrictions’ into the Draft Article, which would allow the Courts to review legislation and strike down arbitrary restrictions. This amendment was adopted.

Second, a Drafting Committee member advocated that laws on sedition should not operate as a restriction to the freedom of speech and expression. He stated that the term sedition is ambiguous and has been interpreted widely by courts of law. This amendment too was accepted without significant debate.

Third, at a much later sitting of the Assembly, when the Draft Article had already been adopted, a Drafting Committee member recommended that laws on contempt of court be introduced as a restriction on freedom of speech and expression. He felt that freedom of speech should not enable an individual to disregard contempt of court laws. A member resented the further curtailment on the freedom of speech and expression, opposing this amendment on the grounds that judges may misuse the same. The amendment was however, adopted.

A number of other amendments were rejected by the Assembly.

The Draft Article was adopted with the initial amendments on 2 December 1948, with a further amendment being made on 17 October 1949.