Freedoms and Restrictions under Art.19 — MCQs

All questions with answers and explanations

Read the full set here, or use the practice card above to test yourself one question at a time.

1. After the 44th Amendment Act, 1978, how many freedoms does Article 19(1) guarantee?

   • Seven
   • Six (correct answer)
   • Five
   • Eight

   Explanation. The 44th Amendment, 1978 removed the right to property (clause (f)) entirely from Article 19(1), leaving six freedoms — speech/expression, assembly, association, movement, residence, and profession/trade/business.

2. The grounds listed in Article 19(2) for restricting freedom of speech and expression are:

   • Merely illustrative examples, and courts may add new grounds as needed
   • Exhaustive — a restriction not falling within one of the listed grounds cannot be justified under clause (2) (correct answer)
   • Applicable only during a national emergency
   • Decided case-by-case by the President without reference to the clause

   Explanation. Article 19(2)'s grounds are exhaustive, not illustrative — a restriction on free speech must fall within one of the specifically listed grounds (sovereignty/integrity, security of the State, friendly relations with foreign States, public order, decency/morality, contempt of court, defamation, incitement to an offence) to be valid.

3. In Kedar Nath Singh v. State of Bihar (1962), the Supreme Court upheld Section 124A IPC (sedition) but read it down to require:

   • Any criticism of the government, however mild
   • Incitement to violence or a tendency to create public disorder, not mere criticism of the government (correct answer)
   • Proof that the accused intended to overthrow the Constitution
   • A prior warning from the police before prosecution

   Explanation. The Court held that mere criticism of the government's measures or officials, however strong or vigorously worded, does not amount to sedition unless accompanied by incitement to violence or a tendency to create public disorder.

4. In Shreya Singhal v. Union of India (2015), the Supreme Court struck down Section 66A of the Information Technology Act primarily because:

   • It violated the right to property
   • It was vague and overbroad, capable of covering even innocent and protected speech, and had a chilling effect on free expression (correct answer)
   • It applied only to government employees
   • It was not passed by the required parliamentary majority

   Explanation. The Court found Section 66A's language so vague and wide that it could criminalise even entirely innocent or constitutionally protected speech, going far beyond the restrictions permissible under Article 19(2), and struck it down as unconstitutional.

5. Article 19(1)(b) and 19(1)(c) together guarantee citizens the freedom to:

   • Practise any profession and carry on any trade
   • Assemble peaceably without arms, and form associations, unions, or co-operative societies (correct answer)
   • Move freely and reside anywhere in India
   • Acquire, hold, and dispose of property

   Explanation. Article 19(1)(b) guarantees the freedom to assemble peaceably and without arms, while 19(1)(c) guarantees the freedom to form associations, unions, or co-operative societies — restricted respectively by clauses (3) and (4).

6. A restriction on any freedom under Article 19(1) is valid only if it is imposed:

   • By an executive order alone, without any legislative backing
   • 'By law' and is reasonable, falling within the specific grounds listed for that freedom (correct answer)
   • By a unanimous decision of the Supreme Court
   • Only during a State Emergency under Article 356

   Explanation. Every restriction under Article 19's clauses (2) to (6) must be imposed 'by law' (i.e., through valid legislation, not mere executive whim) and must be reasonable, confined to the specific grounds listed for that particular freedom.

7. Article 19(1)(g) guarantees citizens the freedom to:

   • Vote in elections
   • Practise any profession, or carry on any occupation, trade, or business (correct answer)
   • Hold public office
   • Form political parties

   Explanation. Article 19(1)(g) guarantees the freedom to practise any profession, or to carry on any occupation, trade, or business, subject to reasonable restrictions under clause (6), including prescribed qualifications and State monopolies.

8. In Romesh Thappar v. State of Madras (1950), the Supreme Court's decision primarily concerned:

   • The right to property under the original Article 19(1)(f)
   • Freedom of the press and circulation of a journal, exposing the absence of 'public order' as a ground under the original Article 19(2) (correct answer)
   • The reasonableness of restrictions on trade under Article 19(1)(g)
   • The right to form trade unions under Article 19(1)(c)

   Explanation. The case involved a ban on the circulation of the journal 'Cross Roads'; the Court held that, under the original clause (2), a restriction could be justified only if it threatened the security of the State or its overthrow, not merely 'public order' — a gap that led directly to the First Amendment, 1951.

9. In Shreya Singhal v. Union of India (2015), the Supreme Court struck down:

   • Section 69A of the IT Act
   • Section 66A of the IT Act, as vague and overbroad (correct answer)
   • Section 124A IPC
   • The 2009 Blocking Rules

   Explanation. The Court struck down Section 66A in its entirety as violating Article 19(1)(a) and not saved by Article 19(2). Section 69A and the 2009 Blocking Rules were upheld.

10. In Anuradha Bhasin v. Union of India (2020), an order suspending internet services indefinitely was held to be:

    • Valid if the government considers it necessary
    • Impermissible (correct answer)
    • Valid for a maximum of one year
    • Beyond the court's power to review

    Explanation. The Court held indefinite suspension impermissible. Restrictions must meet Article 19(2) or 19(6) and the proportionality test, and orders must be published and reasoned.

11. Under Article 19(5), reasonable restrictions on freedom of movement and residence can be imposed in the interests of:

    • Morality and decency
    • The general public or the protection of any Scheduled Tribe (correct answer)
    • Contempt of court
    • Friendly relations with foreign States

    Explanation. Clause (5) allows restrictions on sub-clauses (d) and (e) in the interests of the general public or for the protection of the interests of any Scheduled Tribe.

12. Article 19(6) expressly allows the State to:

    • Ban any trade
    • Prescribe professional or technical qualifications and carry on a trade or business itself, wholly or partly excluding citizens (correct answer)
    • Restrict speech
    • Restrict assembly

    Explanation. Clause (6)(i) covers professional or technical qualifications; clause (6)(ii) covers the State or a State-owned corporation carrying on a trade, business, industry or service.