Right to Freedom – Indian Polity Study Notes for JKPSC KAS

Right to Freedom Study Notes: Right to Freedom is one of the fundamental rights that are guaranteed by the Constitution of India to the citizens of India. It is one of the basic topics of Indian Polity and the Indian Constitution and must be known by aspirants preparing for any civil service exams.

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In this blog, we are going to discuss the Right to Freedom and the related constitutional provisions. It will be beneficial for the aspirants preparing for JKSPSC KAS.

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What is Right to Freedom?

Right to Freedom is one of the six fundamental rights that are guaranteed by the Constitution of India to its citizens and is very essential for the functioning of the democracy.

The Right to Freedom provides the citizens basic freedom of speech and expression, to form associations, personal liberty, and to live a life of dignity.

It is essential to understand the various aspects of the right to freedom and also the applicable exceptions to it.

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Right to Freedom ( Articles 19-22)

The Right to Freedom is composed of different articles that entail different freedoms that are available to the citizens. There are 5 articles that are covered under the Right to Freedom and these are as follows:

Article Brief description 
Article 19Provides protection to the following rights
a. Speech and expression
b. Peaceful Assembly
c. Forming of Association
d. Move anywhere in India
e. To reside anywhere within Indian Territory
g. Practice any kind of professional trade or business
Article 20Protection in respect of conviction for offences
Article 21Protection of life and personal liberty
Article 21ARight to elementary education
Article 22Protection against arrest and detention in certain cases

Let us look at these in detail below.

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

Article 19 is the first article in the Right to Freedom and it provides the protection of certain rights to citizens related to speech and expression, assembly, choice of residence, movement and profession.

As per Article 19, the citizens have the following rights:

  • to freedom of speech and expression;
  • to assemble peaceably and without arms;
  • to form associations or unions;
  • to move freely throughout the territory of India;
  • to reside and settle in any part of the territory of India;
  • to practise any profession, or to carry on any occupation, trade or business.

Exceptions to Article 19

There are certain restrictions in freedom of speech and expression and other rights mentioned above that can be imposed by the State 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 or to protect the interests of any Scheduled Tribe.

Also with regard to the right to practice any profession, the citizens can get involved in any kind of profession, trade or business as long as it is not illegal or immoral. The State also can make laws related to technical or professional certifications needed for certain professions.

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Article 20 – Protection in Respect of Conviction for Offences

Article 20 deals with the protection of citizens with respect to conviction for the offences. There are parts to this article.

Ex Post Facto Legislation: In such cases, a person cannot be convicted for any act that was committed at a time when the act was considered as an offence by the law.

Double Jeopardy: It states that a person cannot be prosecuted for same offence more than once.

Self Incrimination: No person accused of any offence will be compelled to be a witness against himself.

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Article 21 – Protection of life and personal liberty

Article 21 states that a person cannot be deprived of life and personal liberty by the State with exception to procedures established by law. The right to life here means a dignified life as defined by the Supreme Court.

Article 21A – Right to Elementary Education

This article was included in the constitution of India by invoking the 86th Constitutional Amendment in 2002. It states that free and compulsory education shall be provided by the State to children aged 8-14 years.

Article 22 – Protection against arrest and detention in certain cases

Article 22 deals with the provision of protection from arrest and detention in certain circumstances.

It states that a person (citizen or non-citizen) who is arrested shall not be detained without prior information about the grounds for such arrest and shall not be denied the right to consult and be defended by a legal practitioner.

Any person arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours (excluding the time for the journey from place of arrest to the court).

Also such a person cannot be detained beyond the time limit without the authority of a magistrate.

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Conclusion

That was all about the Right to Freedom which is a fundamental right in the Constitution of India, for more exam-related updates, stay connected to Oliveboard.