Centre for Advanced Legal Studies and Research, (CALSAR), Thiruvananthapuram

Freedom of Speech and Expression

Indian Constitution is the lengthiest written constitution in the world and India is the Largest
democratic country in the world as the ultimate power is vested Upon the people. The
Constitution is the supreme Law of our nation.

Namita Babu Benedict
8th sem Ba llb

The state has four essential components that is Population, Territory, Government and
Sovereignty. The Government has three organs such as the Legislative, Executive, and Judiciary
and the Main Function of the judiciary is the administration of justice and interpretation of

PART III of the Indian Constitution deals with FUNDAMENTAL RIGHTS, which is described as
the “Magna Carta” as it contains the Fundamental rights. Part III contains articles 12 to 35, and
it offers the basic or fundamental Rights to people in a Free Society. Fundamental Rights is
Incorporated from the U S Constitution. And these Rights are Available for every citizens and it
can’t be taken away but can be limited by reasonable restrictions. Articles 358 and 359 deal with
the Suspension of Fundamental rights.
ARTICLE 19 deals with FUNDAMENTAL FREEDOMS which is the Backbone of the Indian
Constitution and it protects certain rights which are available only to the citizen of India in which
a Foreigner can’t Claim . The Six Basic Fundamental Freedoms are:

1. Freedom of speech and Expression
2. Freedom to Assemble peacefully without any arms.
3.Freedom to Form associations to join associations and to not join associations.
4.To move Freely throughout the Territory of India .
5. To Reside Anywhere in India
6. To practice any profession to carry on any Occupation Trade ot business.

Article 19 (1) (a) deals with the Freedoms of Speech and Expression and Article 19 (2).The 8
Reasonable Restrictions , they are:

1. Sovernginity And Integrity of India.
2. Security of State
3. Friendly relations with Foreign States.
4. Public Order
5.Decency / Morality
6. Contempt of Court under
7. Defamation
8. Incitement to an offence.

In Bijoe Emmanuel V. State of Kerala the Supreme court held that the freedom of speech and
Expression includes the Freedom of Silence also this case is popularly known as the National
Anthem case.

In Express Newspaper V. Union of India the court held that the freedom of Speech and
Expression includes the Freedom of press also.
The Freedom of speech and Expression has four Basic Special Purpose to Serve:In Ramesh Thapper V. State of Madras the court Rightly observe that ” “freedom of press” has
not been used in Article 19 but it is comprehended within Article 19(1)(a). The expression
means freedom from interference from authority which would have the effect of interference with
the content and circulation of newspapers……….Freedom of press is the heart of social and
political intercourse. It is the primary duty of the courts to uphold the freedom of press and
invalidate all laws or administrative actions which interfere with it contrary to the constitutional

So in a Nutshell we can Conclude the fact that the Fundamental rights are much worthy
important for all citizens of India , and our Constitution provides us with Immense Rights,
Freedoms as well as Duties.

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