Freedom Of Speech And Expression-meaning & Scope

The right to freedom of speech and expression is guaranteed to all Indian citizens under Article 19(1)(a) of the Constitution. “All citizens shall have the right to freedom of speech and expression,” the law states. "Reasonable restrictions can be imposed on the exercise of this right for certain purposes," according to Article 19(2). Any restriction on the exercise of the right imposed under Article 19(1)(a) that does not fall within the four corners of Article 19(2) is invalid.

 

 

The right to express one's views and opinions on any issue through any medium, such as words, writing, printing, pictures, films, and movies, is protected by Article 19(1) (a). As a result, it encompasses freedom of expression as well as the right to propagate or publish ideas. However, under Article 19, this right is subject to reasonable limitations (2). Free speech should not be confused with the right to make baseless and irresponsible accusations against the judiciary.

It is important to remember that a restriction on a citizen's freedom of speech can be imposed by the state's action as well as its inaction. As a result, failure on the part of the State to guarantee the fundamental right to freedom of speech and expression to all of its citizens, regardless of their circumstances or social class, would be a violation of Article 19(1). (a).

 

One of the most basic elements of a healthy democracy is the fundamental right to freedom of speech and expression, which allows citizens to participate fully and effectively in the country's social and political processes. In fact, freedom of speech and expression broadens and deepens a person's citizenship, elevating the concept from a state of basic existence to one of political and social participation.

 

This right is only available to Indian citizens, not to foreign nationals. This right is not absolute, and it allows the government to enact laws that impose reasonable restrictions in the interests of India's sovereignty and integrity, state security, friendly relations with foreign states, public order, decency, and morality, as well as contempt of court, defamation, and incitement to an offence.

 

The people of India declared their solemn resolve to secure liberty of thought and expression to all of their citizens in the Preamble to the Constitution of India. The right to freedom of expression, which includes the right to express oneself, the right to seek information and ideas, the right to receive information, and the right to impart information, is guaranteed by the Constitution. The Indian government has a responsibility to create conditions that allow all citizens to exercise their rights effectively and efficiently.

 

The Supreme Court of India held in Romesh Thappar v State of Madras (AIR 1950 SC 124) that freedom of speech and expression includes freedom to propagate ideas, which is ensured by freedom of circulation of a publication, as publication has little value without circulation. J. Patanjali Sastri, Patanjali Sastri, Patanjali Sastri, Patanjali Sastri, Patanjali Sa

 

'Freedom of speech and of the press lie at the heart of all democratic organisations, because without free political debate, no public education, so vital to the proper functioning of the government process, is possible.'

 

However, under Article 19(2) of the Constitution, this right is not absolute, and'reasonable restrictions' can be placed on its exercise for specific purposes. The right to freedom of expression includes the freedom to express one's thoughts and opinions on any topic and through any medium, including writing and oral communication.

 

Article 19(1) (a) uses the phrase "speech and expression," which has a broad meaning. This right includes the ability to share, print, and publicise information. In India, freedom of the press is derived from Article 19(1), which guarantees freedom of speech and expression (a). Press freedom is considered a "species" of which freedom of expression is a genus. [ii]. The Supreme Court noted that a citizen's right to exhibit films is part of the fundamental right to speech and expression guaranteed by Article 19(1)(a) of the Constitution. [iii]

 

Commercial and artistic speech are not specifically mentioned in Indian law. However, Indian law is evolving, and the Supreme Court has ruled that the protection of Article 19(1)(a) of the Constitution cannot be denied to "commercial speech." The Supreme Court has ruled that "commercial speech" is protected under our Constitution's "right to freedom of speech and expression."

 

India's citizens have the right to receive 'commercial speech,' as well as the right to read and listen to it. This shield is available to both the speaker and the receiver. [iv] Artistic speech, which includes the right to paint, sign, dance, write poetry, and write literature, is covered by Article 19(1)(a) because freedom of speech and expression is a fundamental characteristic of all of these activities.

 

Under the provisions of the Indian Constitution, an individual or a corporation can file a Writ Petition under Articles 32 and 226 of the Constitution of India, invoking freedom of speech and other fundamental rights against the government, subject to the government imposing some permissible restrictions in the interests of social control.

 

The right to use freedom of speech arguments is not limited to individuals under Indian law. Corporations have the same right to use such arguments. Bennet and Coleman & Co. v. Union of India (1973) and Indian Express Newspapers (Bombay) P. Ltd v. Union of India are two important cases. The corporations in these cases filed a writ petition challenging the constitutional validity of the government's notifications. After much deliberation, the Courts decided that the right to freedom of speech could not be taken away in order to restrict citizens' business activities. The restriction on exercising the right under Article 19(1) (a) that does not fall within the four corners of 19(2), on the other hand, is invalid.