Ishan Jain, Sinhgad Law College, Pune (Affiliated to SPPU, BCI)
“Article 19(1)(a) – All citizens shall have the right to freedom of speech and expression”
1. State of Uttar Pradesh v. Raj Narain1: The Supreme Court has held that Art. 19(1)(a) not only guarantees freedom of speech and expression, it also ensures and comprehends the right of the citizens to know the right to receive information regarding matters of public concern.
2. Printers (Mysore) Ltd. v. Assistant Commercial Tax Officer2: The Supreme Court has reiterated that though freedom of the press is not expressly guaranteed as a fundamental right, it is implicit in the freedom of speech and expression.
3. Maneka Gandhi v. Union of India3: In this landmark judgement, Bhagwati J, has emphasized on the significance of the freedom of speech and expression.
“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,]4 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”5
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