Points About Freedom Of Speech & Expression, It Is Not Absolute

0
474
Freedom Of Speech & Expression Not Absolute
Freedom Of Speech & Expression Not Absolute

Freedom of speech and expression is a hotly debated topic. This is a misconception that freedom of speech is absolute. But the answer is no as there is no such thing as absolute free speech. There is always a line that must not be crossed.

Even Supreme Court has said that it is not absolute:

Freedom Of Speech & Expression Not Absolute
Freedom Of Speech & Expression Not Absolute

On May 2015, a bench of Justices Dipak Misra and P C Pant said the fundamental right to speech and expression, as envisaged under Article 19 (1) (a) of the Constitution cannot be given absolute.

In their judgment they said that though the freedom of speech and expression provided in constitution under the fundamental rights has to be given a broad canvas but it is also subject to inherent limitations within the constitutional parameters.

Let’s have a look at  article 19(1) in The Constitution Of India 1949

Freedom Of Speech & Expression Not Absolute
Freedom Of Speech & Expression Not Absolute

1. All citizens shall have the right

 To freedom of speech and expression

 To assemble peaceably and without arms

 To form associations or unions

 To move freely throughout the territory of India

 To reside and settle in any part of the territory of India and

 Omitted

 To practise any profession, or to carry on any occupation, trade or business

Grounds Of Restrictions, Article 19(2) in the constitution of India 1949

Freedom Of Speech & Expression Not Absolute
Freedom Of Speech & Expression Not Absolute

Clause (2) of Article 19 contains the grounds on which restrictions on the freedom of speech & expression can be imposed. These genuine restrictions are in the interest of-

  • Sovereignty and integrity of Nation.
  • Security of state (Cannot publish sensitive data)
  • Public order (no hate speech allowed)
  • Friendly relation with state
  • Contempt of court
  • Defamation
  • Decency morality

Our court has always placed a broad interpretation on the value and content of Article 19(1)(a), making it subjective only to the restrictions permissible under Article 19(2).

Watch Video: Anupam Kher On Freedom Of Speech

LEAVE A REPLY

Please enter your comment!
Please enter your name here