Article 19 and Article 20 of the Constitution of India
Articles 19 and 20 form part of Part III of the Constitution of India. Article 19 protects specified freedoms of citizens, subject to constitutionally permitted reasonable restrictions. Article 20 protects every person against certain forms of retrospective criminal punishment, double jeopardy and compelled self-incrimination.
Article 19 - Protection of Certain Rights Regarding Freedom of Speech, etc.
Article 19 guarantees specified freedoms to citizens. These rights are fundamental rights, but they are not absolute. Clauses (2) to (6) authorize laws imposing reasonable restrictions for the particular constitutional grounds stated in those clauses.
Rights guaranteed by Article 19(1)
Article 19(1): All citizens 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; and
(g) to practise any profession, or to carry on any occupation, trade or business.
Sub-clause (f) of Article 19(1) was omitted by the Constitution (Forty-fourth Amendment) Act, 1978. The constitutional right to property is now dealt with separately under Article 300A.
Reasonable restrictions under Article 19
Article 19(2) - Speech and expression: A law may impose reasonable restrictions in the interests of the sovereignty and integrity of India, 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.
Article 19(3) - Peaceful assembly: Reasonable restrictions may be imposed in the interests of the sovereignty and integrity of India or public order.
Article 19(4) - Associations, unions and co-operative societies: Reasonable restrictions may be imposed in the interests of the sovereignty and integrity of India, public order or morality.
Article 19(5) - Movement and residence: Reasonable restrictions may be imposed in the interests of the general public or for the protection of the interests of any Scheduled Tribe.
Article 19(6) - Profession, occupation, trade or business: Reasonable restrictions may be imposed in the interests of the general public. The Constitution also permits laws prescribing professional or technical qualifications and laws concerning the carrying on by the State, or a State-owned or controlled corporation, of a trade, business, industry or service.
Article 20 - Protection in Respect of Conviction for Offences
Article 20 provides three important constitutional safeguards in criminal law. Unlike Article 19, which expressly protects citizens, Article 20 uses the expression no person and therefore is not confined by its text to citizens.
Article 20(1) - Protection against ex post facto criminal liability: No person may be convicted for an act unless it violated a law in force when the act was committed, and no greater penalty may be imposed than the penalty that could have been imposed under the law then in force.
Article 20(2) - Protection against double jeopardy: No person shall be prosecuted and punished for the same offence more than once.
Article 20(3) - Protection against compelled self-incrimination: No person accused of an offence shall be compelled to be a witness against himself.
Meaning of the three safeguards
Ex post facto protection: Article 20(1) prevents retrospective creation of criminal liability and retrospective enhancement of punishment to the disadvantage of an accused person.
Double jeopardy: Article 20(2) constitutionally protects a person from being both prosecuted and punished more than once for the same offence.
Self-incrimination: Article 20(3) protects an accused person against being compelled to provide testimonial evidence against himself or herself. Its application depends on the nature of the compulsion and evidence involved.
Article 19 and Article 20 - Key Difference
Article 19 principally protects six specified civil freedoms of citizens and permits reasonable restrictions on enumerated constitutional grounds. Article 20, by contrast, establishes safeguards relating to criminal conviction and prosecution and is framed as protection for every person.
Related Constitutional Provisions
Articles 19 and 20 should be read as part of the broader Fundamental Rights framework. Readers may also refer to the site's pages on Articles 12 and 13, Articles 14 and 15, Articles 16, 17 and 18, and Articles 21 and 22.
This page is a general legal information resource. For the authoritative constitutional text, amendments and official publication, consult the Government of India resources linked on this page.