Prachi Singh, LLM (Constitutional and Administrative Law), Christ University, Bangalore
ABSTRACT
The right to freedom of speech and expression is a cornerstone of any democratic society, giving people the freedom to express their thoughts, opinions and ideas without fear of censorship or persecution. This review deals with the critical dimension of the protection of this right under the Constitution of India, which not only guarantees freedom of speech and expression but also imposes certain reasonable restrictions to balance this freedom with larger social interests.
The Constitution of India, which came into effect on January 26, 1950, guarantees freedom of speech under Article 19 (1) (a). This provision gives every citizen the right to express his thoughts, opinions and ideas through various media including speaking, writing, printing and assembly. However, this freedom is not absolute; it is subject to "reasonable restrictions" under Article 19 (2) to (6), ensuring that freedom of expression does not lead to anarchy or harm the security and integrity of the people. One of the most important cases that shaped the understanding of that right is the case of Rajagopal (1994) v State of Tamil Nadu. The Supreme Court of India has recognized that the right to freedom of speech and expression includes the right to privacy. that individuals have the right to control their personal data and decide how and when it is disclosed. It was a turning point for media freedom and the protection of individual reputation.
However, the delicate balance between free speech and restrictions has led to ongoing legal and social debate. Notable restrictions include restrictions on defamation, contempt of court, hate speech, obscenity, and national security. Over the years, it has been the task of the courts to interpret these restrictions and ensure that they are acceptable and do not violate the very nature of justice.
Today, freedom of expression in India faces new challenges in the digital age. The Internet and social media platforms have provided a powerful platform for expression, but they have also raised concerns about fake news, cyberbullying and misinformation. Striking a balance between internet freedom and regulation is an ongoing problem that the Indian government and courts must address. Freedom of speech and expression is the cornerstone of Indian democracy. While the Constitution of India guarantees this right, it also contains reasonable restrictions to maintain public order and protect other important interests. The judiciary plays a key role in interpreting and protecting these rights and ensures the protection of freedom of expression respecting the limits set by the Constitution. In an age of evolving technologies and ever-changing social dynamics, the protection of this right continues to be an important and dynamic part of Indian constitutional jurisprudence.
Keywords: Freedom of speech, expression, Indian Constitution, right to freedom, Constitutional protection
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