The Right to Freedom (Articles 19-22)

The right to freedom is a fundamental pillar of democracy, ensuring the protection of individual liberties. This right is enshrined in Articles 19 to 22 of the Constitution in India. 

These articles guarantee various freedoms and safeguards against arbitrary arrests and detentions. 

Article 19: Freedom of Speech and Expression

Article 19 grants citizens the freedom of speech and expression, allowing them to express their thoughts, opinions, and ideas without undue interference. 

This fundamental right enables individuals to participate in public discourse, criticize the government, and advocate for change. 

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However, reasonable restrictions can be imposed on this right in the interests of sovereignty, public order, morality, and the integrity of India.

Article 20: Protection against Double Jeopardy and Self-Incrimination

Article 20 provides safeguards against double jeopardy and self-incrimination. It ensures that no person can be punished twice for the same offence, protecting individuals from multiple trials and punishments. 

Additionally, it prevents individuals from being compelled to be witnesses against themselves, preserving the principle of fairness and the right to remain silent.

Article 21: Protection of Life and Personal Liberty

Article 21 guarantees the protection of life and personal liberty, emphasizing their fundamental importance. 

This provision ensures that no person shall be deprived of their life or personal liberty except according to a law-established procedure. 

It acts as a safeguard against arbitrary arrests and detentions, preserving the dignity and autonomy of individuals.

Article 22: Protection against Arrest and Detention

Article 22 lays down safeguards against arbitrary arrest and detention. It establishes the rights of an arrested person, including the right to be informed of the grounds of arrest, the right to consult legal counsel, and the right to be produced before a magistrate within 24 hours. 

Article 22 also protects against preventive detention, ensuring that individuals are not detained without sufficient grounds or for an extended period without review.

Summary

The right to freedom, encompassing freedom of speech, protection against double jeopardy and self-incrimination, and safeguards against arbitrary arrest and detention, is the cornerstone of a democratic society. Articles 19 to 22 of the Indian Constitution play a vital role in upholding these fundamental rights and protecting individual liberties. 

These provisions enable citizens to express their opinions, participate in public life, and ensure fair treatment within the legal system. By safeguarding individual freedoms, these articles contribute to the growth and development of a just and inclusive society.

Note: Access complete CLAT Legal Reasoning notes here.


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Aishwarya Agrawal
Aishwarya Agrawal

Aishwarya is a gold medalist from Hidayatullah National Law University (2015-2020) and has over 9 years of experience in law. She has been mentoring law aspirants to help them secure admission to their dream colleges and universities.

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