(b)Freedom to Assemble:

Meeting ,procession and demonstration are corrollaries of a democratic system. the people can be informed, education or persuaded only through such exercise. The two inherent restrictions for any assembly under Article 19(1)(b) are of remaining peaceful and to be unarmed. However ,if an assembly is declare unlawful, it can be validly banned and the members of the assembly can be ordered to be dispersed.

(c)Freedom of Association:

The association so formed would involve political parties, societies, companies, clubs, organization, partnership firms, trade unions and anybody of persons. There is full freedom to form associations for lawful purpose subject to reasonable restriction. the Supreme court has held that even a liberal interpretation of Article 19(1)(c) cannot mean that the trade union have a guaranteed right to strike.

Regulate the eligibility criteria for contesting the election of the regulate unions.

However ,an unincorporated association cannot claim these rights.

(d) Freedom of Movement and Residence:

The Indian citizen has right to stay and settle in any part of India. However, such limitations to purchase land and settle in trible hilly areas have been held valid prostitutes under Article 19(5).Restrictions imposed to carry on the trade prostitutes within specified area and to reside in or move for particular areas have been held to be valid. Similarly, a person suffering from AIDScan be restricted in his movement by law.

(e) Freedom of Profession and Trade:

The state can carry on a business either as a monopoly, complete or partial, to the exclusion of all or some citizens only, or in competition with any citizen. But socialism cannot go to the extent of ignoring interest of shareholders or creditors of private sector which is a large segment of the Indian economy.

There could be no fundamental right to carry on trade or business in noxious, hazardous or dangerous goods like intoxicating drugs or liquors, adulterated foods, etc .or to indulge in trafficking in women or children . Granting of license and permits for carrying trade should be based on relevant consideration. License once granted can be cancelled after giving the license an opportunity of hearing. Similarly there can be conditions imposed in a tender by the government but the procedure cannot be arbitrary or biased. It has to be fair and reasonable. “Educational can be an occupation under Article 19 (1) (g) of the Constitution only when it is charitable in nature.

Price fixation , being a legislative act, prior consultation is not required.

20.Protection in respect of conviction for offences:

(1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence , nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.

(2)No person shall be prosecuted and punished for the same offence more than once.

(3) No person accused of any offence shall be compelled to be a witness against himself.

COMMENTS

Article 20 guarantees protection in certain respects against conviction for offences, by prohibiting:

1. Retrospective criminal legislation, commonly known as ex-post –facto legislation.

2. Double jeopardy or punishment for the same offence more than once.

3. Compulsion to give self-incriminating evidence.

Retrospective laws are not good from jurisprudence point of view. Thus, this is a revolutionary Constitutional provision provided in the Constitution of India. Accordingly, substantive law imposing liability or penalty cannot be altered to the prejudice of the person supposed to be guilty with retrospective effect. There is no such vested right in procedure. However, the same provision is not applicable to civil and specially tax statues.

Double jeopardy:

If a person has been prosecuted and punished in a previous proceeding of an offence, he cannot be prosecuted and punishment for the same offence again in a subsequent proceeding . where an appellant already convicted under section 138 of the Negotiable Instruments. Act, he cannot be punishment again on the same facts under section 420 or any other provision of the Indian penal code. However, a subsequent trial and punishment are not barred if the ingredients of two offence are distinct.

The rule of double jeopardy would not apply where the accused was punished under section 364 of the penal code and wife of the deceased asked for compensation.

The offence for which accused was tried and convicted in foreign country and for which he is India are distinct and separate.

The departmental or disciplinary proceedings , even if punitive in amplitude , would not be outlawed by Article 20(2) of the constitution.

Protection against self-incrimination:

The accused person is protected against incriminating himself under compulsion, e.g. “making a statement which makes the case against the accused person at least probable considered by itself”.

Compulsion in this context would mean duress. Relevant replies which furnish a real and clear link in the chain of evidence indeed to bind down the accused with the crime become incriminatory and offend Article 20(3) if elicited by pressure from the mouth of the accused.

It amounts to right of silence of the accused person. It widened the scope of compulsion and held that ‘compelled testimony’ is evidently procured not merely by physical threats or violence but also by psychic torture, atmospheric pressure, environmental coercion, tiring interrogative proximity, overbearing and intimidating methods and the like. The court also laid down some guidelines, for the police authorities for due observance, e.g. the accused must be informed of the grounds of arrest against him and he has a right to call a lawyer before answering to any of their questions. The arrestee subjected to in human treatment during police custody should be paid compensation by the state.

The immunity granted to the accused does not to compulsory production of material objects or compulsion to give specimen writing, specimen signature, finger impression or compulsory exhibition of the body or giving of blood specimens or voice samples. However, compulsion for production of documents is prohibited only if the documents convey the personal knowledge of the accused relating to the charge Similarly, macro analysis technique. Amounts to “testimonial compulsion” and is hit by Article 20(3) of the Constitution.