MP Civil Judge 2021 Mains Paper I

Discuss the scope of the "Freedom of Speech and Expression". Does it include freedom of press ? Is it an absolute right ?

Verified Answer

The 'Freedom of Speech and Expression' is a cornerstone of democratic societies, enshrined in Article 19(1)(a) of the Indian Constitution. This fundamental right allows every citizen to express their views, opinions, beliefs, and convictions freely, through various mediums such as words, writing, printing, picturing, or any other mode. Its scope is broad and encompasses several facets essential for a vibrant democracy.

Scope of Freedom of Speech and Expression:

  1. Right to Propagate and Circulate: It includes the right to propagate one's views as well as the right to circulate them to others. This was affirmed in cases like Romesh Thappar v. State of Madras, emphasizing the importance of dissemination of ideas.
  2. Freedom of the Press: The Supreme Court has consistently held that freedom of the press is an integral part of the freedom of speech and expression. Although not explicitly mentioned, the press acts as a medium for expressing and disseminating ideas and information, making its freedom essential for the effective exercise of Article 19(1)(a). Landmark judgments like Sakal Papers v. Union of India and Bennett Coleman & Co. v. Union of India have reinforced this, stating that any restriction on the circulation or content of newspapers directly impinges on this freedom.
  3. Right to Information: The right to know and receive information is implicit in the right to freedom of speech and expression, as one cannot form informed opinions without access to information. This has been a basis for the Right to Information Act.
  4. Right to Silence: The freedom to speak also implies the freedom not to speak.
  5. Right to Protest/Demonstrate: Peaceful protests and demonstrations are considered a form of expression, though subject to reasonable restrictions regarding public order.
  6. Commercial Speech: While commercial speech (advertisements) is generally protected, it can be regulated more strictly than other forms of speech, especially if it is misleading or promotes illegal activities.
  7. Artistic and Creative Expression: This right extends to various forms of artistic and creative expression, including films, plays, and literature.

Is it an Absolute Right? No, the freedom of speech and expression is not an absolute right. Like most fundamental rights in India, it is subject to 'reasonable restrictions' imposed by the State under Article 19(2) of the Constitution. These restrictions can be imposed only on specific grounds:

  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.
  8. Incitement to an offence.

The restrictions must be 'reasonable' and proportionate to the objective sought to be achieved. The judiciary plays a crucial role in determining the reasonableness of such restrictions, ensuring they do not unduly curtail the fundamental right.