Article 19(1)(b) to (g): assembly, association, movement, residence, and profession, trade and business

LUG-104 Constitutional Law-I, Unit II: Fundamental freedoms (Article 19). · LLB · 60 min

This lecture completes Article 19 with the five remaining freedoms: peaceful assembly (Himat Lal K. Shah, Ramlila Maidan, section 144 CrPC), association (Damyanti Naranga, O.K. Ghosh, no right to strike), movement and residence (Kharak Singh, Ebrahim Vazir Mavat, externment, the Scheduled Tribes exception), and profession, occupation, trade and business (Sodan Singh on hawkers, Excel Wear on closure, res extra commercium in Khoday Distilleries and Chamarbaugwala, State monopolies under 19(6)(ii)). It then explains the grounds of restriction common to these clauses, public order, security of the State, sovereignty and integrity, morality and the interests of the general public, and how the 2019-20 two-mark notes on 'right to travel' and 'public order' and the 2025-26 seven-mark question are answered.

Objectives

Explain the content of each freedom in Article 19(1)(b) to (g) with its leading cases.
Explain the regulation of public meetings and section 144 CrPC in relation to the freedom of assembly.
Distinguish the right to form an association from the right to achieve its objects.
Explain the limits of the freedom of movement and residence and where the right to travel abroad lies.
Explain the concept of res extra commercium, State monopoly under 19(6)(ii) and procedural reasonableness in Excel Wear.

Slides

Article 19(1)(b): the right to assemble peaceably and without arms
Assembly in practice: Ramlila Maidan (2012), Mazdoor Kisan Shakti Sangathan (2018), Amit Sahni (2020)
Article 19(1)(c): associations, unions and co-operative societies
Restrictions on association: O.K. Ghosh (1963), V.G. Row, unlawful associations
Article 19(1)(d) and (e): movement and residence; Kharak Singh (1963)
Movement across borders: Ebrahim Vazir Mavat (1954), the right to travel abroad
Article 19(1)(g): profession, occupation, trade or business; Sodan Singh (1989)
Excel Wear (1978): the right to close and procedural reasonableness
Res extra commercium and State monopolies: Khoday Distilleries, Chamarbaugwala, 19(6)(ii)
The grounds of restriction across clauses (3) to (6)
How the examiner asks it

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