Law optional 2018 Paper I

The liberty of the press implicit in the freedom of speech stands on no higher footing than the freedom of speech and expression of a citizen, and no privilege is attached to the press as such distinct from the ordinary citizen." Explain this statement and also distinguish the term 'freedom of speech and expression' and 'speech and expression'.

Verified Answer
  1. Core Legal Answer & Context: This statement encapsulates a fundamental principle of Indian constitutional law: the freedom of the press is not a distinct, superior right but is an integral part of the broader fundamental right to freedom of speech and expression guaranteed to all citizens under Article 19(1)(a) of the Constitution. Consequently, the press enjoys no special privileges or immunities beyond those available to an ordinary citizen. This ensures equality before the law and prevents the creation of a privileged class. The underlying rationale is that the press acts as a medium for citizens to exercise their right to express and disseminate information and ideas. Therefore, any restriction applicable to a citizen's freedom of speech and expression would equally apply to the press.

Distinction between 'freedom of speech and expression' and 'speech and expression': 'Speech and expression' refers to the act of communicating thoughts, ideas, opinions, or information, whether orally, in writing, through gestures, or any other medium. It is the raw act of articulation. 'Freedom of speech and expression,' on the other hand, is the constitutional right that protects this act from state interference. It implies the liberty to speak, write, publish, and disseminate information without prior restraint or fear of reprisal from the state, subject only to reasonable restrictions prescribed by law. The 'freedom' aspect is crucial, as it elevates the mere act of speech and expression to a fundamental right, ensuring its protection and promotion in a democratic society. It encompasses not just the right to express one's views but also the right to propagate them, the right to circulate, and the right to receive information.

  1. Relevant Statutes and Sections:
  • Article 19(1)(a) of the Constitution of India: Guarantees to all citizens the right to freedom of speech and expression.
  • Article 19(2) of the Constitution of India: Lays down the grounds on which reasonable restrictions can be imposed on the exercise of the right conferred by Article 19(1)(a), such as 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, contempt of court, defamation, or incitement to an offence.
  1. Important Landmark Cases:
  • Romesh Thappar v. State of Madras (1950): The Supreme Court held that freedom of speech and expression includes freedom of the press and circulation. It emphasized that without the freedom of circulation, publication would be of little value.
  • Indian Express Newspapers (Bombay) Pvt. Ltd. v. Union of India (1985): This case reiterated that the press does not enjoy any special privilege under Article 19(1)(a) distinct from the freedom of speech and expression of a citizen. It clarified that the press is subject to the same laws as any other citizen and cannot claim any special immunity.
  1. Clear Conclusion: The Indian constitutional framework treats the freedom of the press as an inherent component of the general right to freedom of speech and expression, ensuring that no special status or privilege is accorded to the press beyond that available to any citizen. This approach upholds the principle of equality and prevents the press from becoming an unaccountable power center. The distinction between 'speech and expression' and 'freedom of speech and expression' highlights the constitutional protection that transforms a mere act into a fundamental right, safeguarding its exercise against state encroachment.