Question

Essay on the Freedom of Speech and Expression Under the Indian Constitution

Answer 1

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Freedom of speech and expression is a bulwark of a democratic form of government. Article 19 (1) (a) guarantees to all citizens the right to freedom of speech and expression.

According to Article 19 (2), the State may make a law Imposing reasonable restrictions on the exercise of that right in the interests of the security of the State, friendly relations with foreign States, public order, decency or morality, contempt of court, defamation, incitement to an offence, or sovereignty and integrity of India.

Any limitation on the exercise of the fundamental right under Article 19 (1) (a) not falling within the four corners of Article 19 (2) cannot be valid.

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Freedom of speech and expression means the right to express one’s own conviction and opinions freely by means of words of mouth, writing, printing, picture or any other mode.

It thus includes the expression of one’s ideas through any communicable medium or visible representations such as gesture, signs and the like. The expression connotes also publication and thus the freedom of the press is included in the category. Free propagation of ideas is the necessary objective and this may be done on the platform or through the press.

No freedom of propagation of ideas is secured by freedom of circulation. Liberty of circulation is essential to that freedom as the liberty of publication. Indeed without circulation, the publication would be of little value.

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Freedom of speech and expression carries with it the right to gather information as also to speak and express oneself at home, and abroad and to exchange thoughts and ideas with others not only in India but also outside India. Freedom of press

The Constitution does not contain any specific provision ensuring freedom of the press which has therefore to depend on Article 19 (1) (a). In Ramesh Thapar vs. State of Madras, AIR 1950 S.C. 124, the Supreme Court held that the freedom of speech and expression includes freedom of propagation of ideas which freedom is ensured by the freedom of circulation of a publication, for without circulation, the publication would be of little value.

The Supreme Court, therefore, held in this case that a ban authorising the Government to impose a ban upon entry and circulation of a journal in a State, is restrictive of freedom of speech and expression and it can be valid only If it falls within Article 19 (2).

Unlike the American Constitution, Article 19(l) (a) does not expressly mention the liberty of the press, Le. The freedom to print and to publish what one pleases without previous permission. But it is a settled law that right to freedom of speech and expression includes the liberty of the press.

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The freedom of press is not confined to newspapers and periodicals but also includes pamphlets and circulars, etc. Explaining the concept of freedom of press, the Supreme Court stated in Express Newspaper v. Union of India, AIR 1958 S.C. 578, that no law could be enacted having the effect of imposing a pre-censorship, curtailing the circulation, restricting the choice of employment or unemployment in the editorial force, preventing newspapers from being stated or undermining its independence by driving the press to seek government aid to survive.

In this case Supreme Court was called upon to adjudge the validity of the Working Journalist Act, 1955, enacted by Parliament to regulate certain conditions of service of persons employed in newspaper establishments, Le., the payment of gratuity, hours of work, leave, fixation of wages, etc. The ground of challenge before the Court was that it would adversely affect the financial position of the marginally situated newspaper which might be forced to go out of circulation and thus the tendency of the Act was to curtail circulation and thereby to narrow the scope of dissemination of information. The Court held the Act valid as it did not take away the right of freedom of speech and expression enjoyed by the petitioners under Article 19 (1) (a).