ARTICLE 19(1) EMPOWERING RIGHT TO SPEECH AND EXPRESSION, WITH PROVISO TO REASONABLE RESTRICTIONS UNDER ARTICLE 309 OF THE CONSTITUTION, AND CONTROLLED BY THE GOVERNMENT.

As far constitutional position under Article 19(1) of the Constitution of India is concerned, it provides that all citizens shall have the right to freedom of speech and expression; to assemble peaceably and without arms ;to form Associations and unions ;to move freely throughout the territory of India;and to practice any profession ;or to carry on any profession, trade or business. Clause (2) to(6) of Article 19,however provide for the operation of existing laws and empowers the state Government to make any law imposing reasonable restrictions in the interest of sovereignty and integrity of India, or public order or morality etc, on the exercise of these rights. The term Law as per Article 13(3) of the Constitution includes any ordinance, order, bye law, rule, regulation, notification, custom or usage having the force of law. The rights of Government servants, as citizens of India are, thus subject to reasonable restrictions as may be imposed by the Government from time to time. The provision to Article 309 of the Constitution provides for rules regulating the recruitment and conditions of service of persons appointed to Government services and posts. Accordingly the rights provided in Article 19(1) of the Constitution are also subject to reasonable restrictions, if any, imposed under the rules framed under proviso to Article 309 of the Constitution, in so far as the Government servants are concerned. Various rules have been framed under proviso to article 309 and some of the provisions of such rules which impose reasonable restrictions are given under the fundamental rules wherein, fundamental Rule 11 provides that unless in any case it be otherwise distinctly provided, the whole time of a Government servant is at the disposal of the Government which pays him and he may be employed in any manner required by proper authority without claim for additional remuneration. The rule further provides that the services required of a government servant can be such as would ordinarily be remunerated from general revenues, from a local fund or from the funds of a body incorporated or not, which is wholly or substantially owned or controlled by the Government:-- Er Fateh Chand Guleria, C/O RTI welfare Association registered number HPCD 3552 Bilaspur Himachal pradesh phone number 9459334377