Previous Year Question
Which of the following freedoms is not guaranteed by the Indian Constitution under Article 19?
Freedom to assemble peacefully and without arms
Freedom to own, acquire and dispose of property
Freedom to move freely throughout the country
Freedom to practise any trade or profession
Correct Answer: B
Detailed Solution
Article 19 of the Indian Constitution provides various Fundamental Freedoms to citizens. The original Constitution guaranteed seven freedoms under this Article. After the removal of the freedom relating to property by the 44th Constitutional Amendment Act, 1978, six freedoms remain.
Option (a) — Freedom to assemble peacefully and without arms
Article 19(1)(b) guarantees citizens the freedom to assemble peacefully and without arms.
Under Article 19(3), reasonable restrictions may be imposed on this freedom in the interests of the sovereignty and integrity of India and public order.
Therefore, option (a) is included under Article 19.
Option (b) — Freedom to own, acquire and dispose of property
Article 19(1)(f) of the original Constitution guaranteed citizens the freedom to acquire, hold and dispose of property.
Additionally, Article 31 contained provisions relating to the Right to Property.
The 44th Constitutional Amendment Act, 1978, removed Article 19(1)(f) and Article 31. The relevant changes came into effect on 20 June 1979.
Subsequently, the Right to Property was protected as a constitutional right under Article 300A rather than as a Fundamental Right.
According to Article 300A, no person can be deprived of their property except by the authority of law.
Therefore, the freedom to own, acquire and dispose of property is no longer a Fundamental Right under Article 19.
Option (c) — Freedom to move freely throughout the country
Article 19(1)(d) guarantees citizens the right to move freely throughout the territory of India.
Under Article 19(5), reasonable restrictions may be imposed on this freedom in the interests of the general public or for the protection of the interests of Scheduled Tribes.
Therefore, option (c) is included under Article 19.
Option (d) — Freedom to practise any trade or profession
Article 19(1)(g) guarantees citizens the freedom to practise any profession or carry on any occupation, trade or business.
Under Article 19(6), reasonable restrictions may be imposed on this freedom in the interests of the general public. Necessary professional or technical qualifications may also be prescribed for practising a profession or carrying on an occupation.