Freedom of Speech & Expression Fundamentals

Give me the liberty to know, to utter and to argue freely according to conscience, above all liberties-  John Milton 

Freedom of expression has been humanity’s yearning in times ancient and modern. Similarly, censorship or reasonable restrictions are also ancient and universal phenomenon. The founders of Indian constitutions are aware about co-existence of conflicting Right and Restrictions and enacted Article 19 with clear mention of Reasonable restrictions. This has further evolved with progressive judgements of Indian Judicial System. Over the years judicial creativity, judicial wisdom and judicial craftsmanship have widened the scope of freedom of speech and expression by including various aspects through landmark judgements 

The freedom of expression cannot be absolute in an orderly society and this raises crucial issues of the permissible limits of restrictions on freedom of expression. Such issues involve consideration of the nature of the restriction, its scope and extent, its duration and the presence or absence of an efficacious corrective machinery to challenge the restriction. Generally it is the judiciary which performs the task of reconciling freedom of expression with certain imperatives of public interest such as national security, public order, public health or morals, and individual rights such as the right to reputation and the right of privacy. The crux of the matter is when the censorship is ever justifiable and, if so, in what circumstances. 

In India Judiciary has taken enormous effort to ensure delicate balance between Freedom of Speech and Expression and Reasonable restriction. It has pronounced several land mark judgements. 

The essence of free speech is the ability to think and speak freely and to obtain information from others through publications and public discourse without fear of retribution, restrictions or repression by the Government. 

The Article 19 (1) of Indian constitution provides 6 fundamental rights in the nature of freedoms which are specifically summarized with sub-clauses of Article 19 (1) as under 

a.                Freedom of speech and expression, 

2. Assemble peaceably and without arms; 

3. Form associations or unions; 

4. Move freely throughout the territory of India; 

5. Reside and settle in any part of the territory of India, and 

6. Practise any profession, or to carry on any occupation, trade or business 

The Article 19(1)(a) of the Constitution of India states that, “all citizens shall have the right to freedom of speech and expression’’. 

 The philosophy behind this Article lies in the Preamble of the Constitution, where a solemn resolve is made to secure to all its citizen, liberty of thought and expression. Freedom of speech not only allows people to communicate their feelings, ideas, and opinions to others rather it serves a broader purpose I as well, these purposes can be classified into four: 

1. It helps individuals in self-realization. 

2.      It helps in discovery of truth. 

3.      It helps in the decision-making process; 

4.     It provides a mechanism by which it would be possible to establish a reasonable balance between stability and social change. 

The exercise of this right is, however, subject to “reasonable restrictions for certain purposes being imposed under Article 19(2) of the Constitution of India. 

The Article 19 (2) states that nothing in sub clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause in the interests of the sovereignty and integrity of India, the 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 

Main Elements of Right of freedom of Speech and Expression: 

1. This right is available only to a citizen of India and not to foreign nationals 

2. The freedom of speech under Article 19(1) (a) includes the right to express one’s views and opinions at any issue through any medium, e.g. by words of mouth, writing, printing. Picture, film, movie etc. 

3. This right is, however, not absolute and it allows Government to frame laws to impose reasonable restrictions in the interest of sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order, decency and morality and contempt of court, defamation and incitement to an offence. 

4. This restriction on the freedom of speech of any citizen may be imposed as much by an action of the State as by its inaction. Thus, failure on the part of the State to guarantee to all its citizens the fundamental right to freedom of speech and expression would also constitute a violation of Article 19(1)(a). 

This article is authored by Harsh Singh. He was among the Top 40 performers in the ADR Quiz Competition organized by Lets Learn Law.