What is Protection of certain rights regarding freedom of speech etc? What is Protection in respect of conviction for offences? Article 19 and 20 of Constitution of India, 1949
Protection of certain rights regarding freedom of speech etc and Protection in respect of conviction for offences are defined under Article 19 and 20 of Constitution of India 1949. Provisions under these Articles are:
Article 19 of Constitution of India "Protection of certain rights regarding freedom of speech etc"
(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;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of
India; and
(f) omitted
(g) to practice 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.
(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 the sovereignty and integrity of India
or 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 the sovereignty and integrity of India
or 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 practicing 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.
Article 20 of Constitution of India "Protection in respect of conviction for offences"
(1) No person shall be convicted of any offence except for
violation of the law in force at the time of the commission
of the act charged as an offence, nor be subjected to a
penalty greater than that which might have been inflicted
under the law in force at the time of the commission of the
offence.
(2) No person shall be prosecuted and punished for the same
offence more than once.
(3) No person accused of any offence shall be compelled to
be a witness against himself.