Law

Can a company or corporation claim a right under article 19 of Constitution of India?

The fundamental freedom guaranteed under article 19(1) is

1. Freedom of Speech and expression

2. Freedom of Assembly

3. Freedom to form association or union or cooperative societies

4. Freedom of movement

5. Freedom to reside and to settle

6. Freedom of profession, occupation, trade and business.

These rights are available only to citizens and not to a foreigner or anyone who is not a citizen of India

The same was stated by the Court in the case – Louis de Raedt v. U. O. I ((1991) 3SCC 554).

Now the question arises whether a company or corporation claims a right under article 19 of Constitution of India?

 

Corporations or a company are not natural persons so they can’t claim as citizens under article 19 because it is available only to natural persons and not legal persons. But the judicial decision appears to change.

 

In R. C Cooper v. Union of India ( AIR 1970 SC 40) and Bennett Coleman & Co. v. Union of India (AIR 1973 SC 106) the court held that company can claim the rights guaranteed under Article 19 of Constitution of India.

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