Part III — Fundamental Rights

Article 19 — Freedom of Speech and Expression

Article 19 guarantees six freedoms to citizens — speech and expression, assembly, association, movement, residence, and profession. Each is subject to 'reasonable restrictions' that the state may impose. Clause (2) on speech restrictions is the most litigated and covers restrictions on sedition, defamation, public order, and national security.

This article has been amended since its original text.

Timeline

20 June 1978

44th Amendment restores civil liberties post-Emergency

The Janata Party government passed the 44th Amendment to undo key Emergency-era changes. It removed the right to property as a fundamental right (making it a legal right under Article 300A), restored press freedom safeguards, and made it harder to proclaim a future Emergency.

Constitution (44th Amendment) Act, 1978

18 June 1951

First Constitutional Amendment enacted

The First Amendment added the Ninth Schedule, allowing laws placed in it to be shielded from fundamental rights challenges. It also curtailed the right to property and freedom of speech to allow land reform legislation. This set a precedent for using the amendment power to circumvent judicial review.

Constitution (First Amendment) Act, 1951

26 November 1949

Constitution of India adopted

The Constituent Assembly adopted the Constitution of India, drafted under the chairmanship of Dr B.R. Ambedkar. It came into force on 26 January 1950. The Constitution established India as a sovereign democratic republic.

Constitution of India, Preamble

Constitutional text

(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;
(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, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause 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.

Source: Constitution of India, as published by the Ministry of Law and Justice.

History and context

The original draft of Article 19(2) permitted restrictions on '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.' After the Supreme Court held in Romesh Thapar v. State of Madras (1950) that public order restrictions were not grounds for restricting free speech under the original text, the First Amendment (1951) substantially widened clause (2) to include public order and friendly relations with foreign states. Sedition (Section 124A IPC) has been challenged as an unreasonable restriction; the Supreme Court in S. G. Vombatkere v. Union of India (2022) stayed its operation pending review.

Amendments

1st Amendment (1951) — Widened clause (2) to include public order, friendly relations with foreign states, and incitement to offence as permissible grounds for restriction.
16th Amendment (1963) — Added 'sovereignty and integrity of India' as a permissible ground for restriction in clause (2).

Key Supreme Court cases

Romesh Thapar v. State of Madras (1950)

Held that restrictions for 'public order' were not permitted under original Article 19(2); triggered the First Amendment expanding permissible restrictions.

Shreya Singhal v. Union of India (2015)

Struck down Section 66A of the IT Act as an unconstitutional restriction on free speech; distinguished 'discussion' from 'advocacy of action'.

S. G. Vombatkere v. Union of India (2022)

Supreme Court stayed the operation of Section 124A IPC (sedition) pending re-examination.

Last reviewed: 1 June 2026

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