Question

the right to freedom of speech and expression does not come without qualification explain

Answer 1

One has the freedom to communicate freely with others. A person has the right to disagree with any policy of the government and even criticize the same. But, this does not mean that you can provoke others to rebel against the same. He/she can express his/her views through various sources such as newspapers, magazines, or pamphlets. However, this expression should not be done to trigger violence against others. Also, he/she cannot use freedom of speech or expression to defame a person.

Answer 2

Hello there,

Article 19 of the Indian Constitution grants the citizens certain fundamental rights that define it as a democracy. In places, it additionally prohibits the State from making laws in the future that would prohibit these rights.

The few cases of exception in the 'Freedom of Expression' given to Indians by the Constitution are in the clause 2 of article 19 i.e.

Article 19(2):

"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."

Now explaining the heads:

1. Sovereignty and Integrity of India. This is aimed to prohibit anyone from making the statements that challenge the integrity and sovereignty of India.

2. Security of the State. All the utterances intended to endanger the security of the State by crimes of violence intended to overthrow the government, waging of war and rebellion against the government, external aggression or war, etc., may be restrained in the interest of the security of the State.

3. Friendly relations with foreign States. If your words/speech tends to jeopardise the friendly relations of India with other State.

4. Public Order. The expression 'public order' connotes the sense of public peace, safety and tranquillity.

5. Decency or Morality. However, we know that the standard of morality varies from time to time and from place to place, person to person.

6. Contempt of Court. (Self-explanatory) 

7. Defamation. Prevents any person from making any statement that injures the reputation of another. Also, Defamation is criminalized.

8. Incitement to an offence. It prohibits a person from making any statement that incites people to commit offence. Classic example is the cases against BJP leaders for Babri incident and cases against Raj Thackeray for his anti-North Indians speech.

Some of these restrictions are dependent on the interpretation of the incident/words. Hence, we more often see controversies and desperate Limelight Hoggers.

Hope you find my answer useful.

Harith