Freedom Of Speech And Expression In India: A Critique On Article 19

Kartik Tripathi, B.A. L.L.B (Hons.) Student at School of Law, Christ (Deemed to be University), Bangalore

“Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties.” ― John Milton

The freedom of speech and expression can be considered as one of the most integral rights given to a person in any democratic society. It can be categorised as a natural right as well as a basic right given to us by God. It can be said that if there was a hierarchy of rights, then this right would be at the very top of that list. Simply, the right to freedom of speech and expression means that each and every person is entitled to express his or her thoughts freely and without fear in the society. Over the years, there have been several changes in laws in favour of this right. This can be done through expression by speech, any form of gestures, by depiction of pictures, etc. From an Indian standpoint the freedom of speech and expression is guaranteed under Article 19 (1) (a) of the Indian Constitution to each and every citizen of the country.

According to the article, “All citizens shall have the right to freedom of speech and expression.” This right is also a fundamental right which means that if this right is violated then the person can approach the High Court under Article 226 of the Indian Constitution and the Supreme Court under Article 32 of the Indian Constitution. Further, the Universal Declaration of Human Rights (UDHR), under Article 19 recognizes it as a human right. The International Covenant on Civil and Political Rights (ICCPR) also has a provision highlighting the importance of this right.