The preamble to the Indian Constitution provides for the liberty of thought and expression to each and every citizen of the country. This solemn resolve is envisaged in Article 19(1)(a) of the Constitution which provides for freedom of speech and expression to its citizens. This freedom is restricted by Article 19(2) which provides for reasonable restrictions on eight grounds under which the State can encroach on a person’s freedom of speech and expression. Article 19(2) is generally understood as a provision enabling the State to make laws that impose reasonable restrictions on the freedom of speech and expression. In addition to this, Article 19(2) is also a restriction on the State itself as it cannot restrict a citizen’s free speech on any grounds other than those specifically mentioned. Furthermore, the restriction must be made through a law that needs to be checked against fundamental rights. Thus, restrictions cannot be imposed at the whims and fancies of the State. A recent case that reinforces this principle while also improvising the interpretation of the right to access the internet vis-a-vis the fundamental rights is Anuradha Bhasin v Union of India. (more…)
By Sneha Baul, CLC, Faculty of Law, Delhi University.
The Part III of the Constitution of India enumerates the Fundamental Rights. Freedom of speech and expression comes under “Right to particular freedom”. The rationale of its validity is that the fundamental rights are basic structure of the Constitution. Any law that abrogates or abridges such rights would be violative of the doctrine of basic structure. Article 19(1)(a) says that all the citizens shall have the right to freedom of speech and expression. (more…)
By Shayamvar Deb, MATS Law School, Raipur.
The Constitution of India prescribes that the nation is a secular state where each and every citizens are bound to follow this declaration. But many a times, the question arose that are we secular? The heat of communal conflagrations are the demanding questions as far as India is still a traditional home containing societies that pertain their origins to different religious bases which exist here. The policies of carrying out the society are implemented in a better secular pattern rather than manipulating the total attitude in an unconnected religious form. The Indian interpretation of secularism stands as religious tolerance which arises a misconception several times, whereas, the answer probes a very touch of a particular religion i.e., Hinduism being the religion of the majority. The deep polity and dialectics of Hinduism is however ironical as it pretends to be liberal and tolerant but the rigidity stands extreme in the inner. Though it is not the aim to prove that the Hindus are with religious intolerance; hereby the objective stands upon harmonisation of secularism and religious tolerance in India in the recent times where the approach is connected with the ancestral religious beliefs of hardly tolerated beliefs of other religion. (more…)