KAMKUS COLLEGE OF LAW

•Class: B.A.LL.B Semester: 3rd

•Subject: Law and Media
•Paper Code: BL- 3002 (A)

Topic: Media in Constitutional Framework :

Freedom of expression in Indian Constitution
 Freedom of expression in Indian Constitution

Freedom of speech and expression is contained in Article

19(1)(a) of the Constitution of India, 1950.
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.
19. Protection of certain rights regarding freedom of
speech, etc.
(1)All citizens shall have the right-
(a)to freedom of speech and expression
(b)to assemble peaceably and without arms;
(c)to form associations or unions or co-operative societies;
(d)to move freely throughout the territory of India
(e) to reside and settle in any part of the territory of India;
Article 19(1)(a)
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.
The following aspects are included in Article 19(1)(a):
• Freedom of Press
• Freedom of Commercial Speech
• Right to Broadcast
• Right to Information
• Right to Criticize
• Right to expression beyond national boundaries
• Right not to speak or right to silence
Essential Elements of Article 19(1)(a) of Constitution
of India
• This right is available only to a citizen of India and not to
foreign nationals.
• It 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.
• This right is, however, not absolute and it allows
Government to frame laws to impose reasonable
restrictions.
Significance of Article 19 (1)(a) of Constitution of
India
• Societal good: Liberty to express opinions and ideas
without hindrance, and especially without fear of
punishment plays a significant role in the development of
• Self-development: Free speech is an integral aspect of
each individual’s right to self-development and fulfilment.
Restrictions inhibit our personality and its growth.
• Democratic value: Freedom of speech is the bulwark of
democratic Government. This freedom is essential for the
proper functioning of the democratic process as it allows
people to criticize the government in a democracy, freedom
of speech and expression open up channels of free
discussion of issues.
• Ensure pluralism: Freedom of Speech reflects and
reinforces pluralism, ensuring that diversity is validated and
promotes the self-esteem of those who follow a particular
lifestyle.
Article 19(2) of Constitution of India
• The exercise of this right is, however, subject
to reasonable restrictions for certain purposes
imposed under Article 19(2).
• 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.
GROUNDS FOR RESTRICTIONS ON SPEECH AND
EXPRESSION FREEDOM

Article 19(2) of the Constitution limits freedom of speech and

expression by allowing the State to impose "reasonable"
restrictions on the below-mentioned grounds:

1. Sovereignty and integrity of India- The Constitution

(Sixteenth Amendment) Act, 1963 added India's sovereignty
and integrity to clause (2) of Article 19. Freedom of speech
can be limited so that no one can question India's integrity or
sovereignty, or promote the secession of any section of the
country from the Union.
2. Security of the State
• Reasonable limits on freedom of speech and expression
can be imposed for the sake of state security. The concepts
of “state security” and “public order” must be
distinguished.
• Security of the state refers to severe and aggravated
public unrest, such as revolt, war against the state [entire
state or portion of the state], insurgency, etc.
3. Friendly relations with foreign states
• In 1951, the Constitution (First Amendment) Act inserted
this clause. The purpose of this article is to curb
unrestricted hostile propaganda which is not in favor of a
foreign friendly state that might jeopardize India's fine ties
with it.
4. Public order
• The term “public order” refers to a state of public peace,
safety, and calm. Anything that upsets public order is a
violation of public peace [Om Prakash v. Emperor, AIR
1948 Nag, 199].
• However, just criticising the government does not
inevitably disrupt public order. A regulation that punishes
intentional comments that offend the religious emotions
of any class has been deemed a fair and reasonable
limitation aimed at protecting public order.
• The Constitution (First Amendment) Act of 1951 inserted
this ground.
5. Decency or Morality
• Article 19(2) inserts decency or morality as grounds for
restricting the freedom of speech and expression.
Sections 292 to 294/Section 294 B.N.S, 2023 of the Indian
Penal Code gives instances of restrictions on this freedom
in the interest of decency or morality.
• The sections do not permit the sale or distribution or
exhibition of obscene words, etc. in public places.
However, the words decency or morality is very
subjective and there is no strict definition for them. Also,
it varies with time and place.
6. Contempt of court
• If a certain expression guised under freedom of speech
goes beyond a logical and rational extent of free
speech and is tantamount to contempt of court, it may
be curbed. The term "contempt of court" is defined as
follows under the Contempt of Courts Act of 1971:
'Contempt of court' might be either 'civil contempt' or
'criminal contempt’.
• As per Section 2 of the said Act, Deliberate
disobedience to any judge's decree, judgment, order,
directive, writ, or some other process adopted, or
deliberate breach of any direction provided to a court,
is referred to as "civil contempt."
• 'Criminal contempt' refers to the dissemination of any
matter or the performance of any other conduct, whether
by words spoken or written, signs or visible
representations, or otherwise.
It includes any act that:
• Lowers or tries to lower the authority of any Court,
• Prejudices, impedes or tends to hamper the due process
of justice administration; or
• Impedes or obstructs or tends to hamper the
administration of justice in any other way.
• Honest publication and dissemination of any matter;
publication of a full and impartial report of court
proceedings; legitimate criticism of judicial act;
grievance against presiding judicial officers formed in
good faith; publication of reasonable information
relating to court hearings in camera or in chambers are
not considered acts of contempt of court.
7. Defamation
• Article 19 clause (2) prohibits anybody from making any
comment that defames the reputation of another.
Defamation is a felony in India, as enshrined in Sections
499 and 500 of the Indian Penal Code. (Section 356 B.N.S,
2023)
• The right to free expression is not absolute. It does not
imply the freedom to harm another’s reputation,
guaranteed under Article 21 of the constitution.
• Although the truth is considered a defense against
defamation, it would only be effective if the statement was
made ‘for the public benefit.’ And that is a factual matter
for the courts to decide.
8. Incitement to an offence
• In 1952, the Constitution (First Amendment) Act was made
to include this ground as well. The right to free speech
doesn't imply the right to urge people to indulge in
criminal activity.
• The Court must evaluate whether or not there was
incitement based on the evidence and context of each
instance.
Case Laws
• In Romesh Thappar v. State of Madras (1950):
The Supreme Court observed that freedom of the press
lays at the foundation of all democratic organizations.
• In Abbas v. Union of India (1970): The SC made it
clear that censorship of films including pre-censorship
was constitutionally valid in India as it was a reasonable
restriction imposed on Article 19(1)(a) of the COI.
• In Bennett Coleman and Co. v. Union of India
(1972): The SC struck down the validity of the Newsprint
Control Order, which fixed the maximum number of
pages, holding it to be violative of provision of Article
19(1)(a) and not to be reasonable restriction under Article
19(2) of the COI.
• In Maneka Gandhi vs Union of India (1978) : The SC
held that the freedom of speech and expression is not
confined to National boundaries.
• In Indian Express v. Union of India (1985): The SC
held that the Press plays a very significant role in the
democratic machinery. The courts have a duty to uphold
the freedom of press and invalidate all laws and
administrative actions that abridge that freedom.
• In Bijoe Emmanuel v. State of Kerala (1986): The SC
held that the right to speak includes the right to be silent
or to utter no words.
• In Union of India v. Assn. for Democratic Reforms
(2002): The SC held that one-sided information,
disinformation, misinformation and noninformation, all
equally create an uninformed citizenry which makes
democracy a farce. Freedom of speech and
expression includes the right to impart and receive
information which includes freedom to hold opinions.