Freedom of expression enshrined under Article 19(1) of the Constitution is not an absolute right; it comes with safeguards outlined under Article 19(2). What are these safeguards? Discuss their need and significance.
Introduction
Article 19(1)a provides for the freedom of speech and expression, however Article 19(2) provides reasonable restrictions on freedom of speech and expression.
22 words
Main Body
Safeguards under Article 19(2): 1) sovereignty and integrity of India; 2) security of the state; 3) friendly relations with foreign states; 4) public order; 5) decency or morality; 6) contempt of court; 7) defamation; or 8) incitement to an offence. Need and significance of the safeguards: 1) uphold the national interest by achieving the Preamble objective of sovereignty and integrity of India. (Kedar Nath Singh case) 2) To maintain law and order, prevent the disturbances, and protecting the rights of others. (Arun Ghosh v. State of WB) 3) to uphold the security of the state. [During national emergency (Art.352), under article 358, article 19 gets suspended.] 4) to safeguard the administration of justice, and maintaining the decency and dignity and authority of the courts. [Contempt of Courts Act, 1971 provides framework to deal with contempt] 5) to strike a balance between the right to reputation and the freedom of speech. (Subramaniun Swamy case) Since the freedom of expression is an expansive right, any restriction on it must meet the proportionality principle propounded in Puttaswamy judgment.
RISHABH YADAV
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Fundamental Rights
Freedom of Expression and its Reasonable Restrictions
197
Total words
1
Paragraphs
analytical and structured
Tone