Article 19(1)(a)

According to Article 19(1)(a): All citizens shall have the right to freedom of speech
and expression.
 This implies that all citizens have the right to express their views and opinions
freely.
 This includes not only words of mouth, but also a speech by way of writings,
pictures, movies, banners, etc.
 The right to speech also includes the right not to speak.
 The Supreme Court of India has held that participation in sports is an
expression of one’s self and hence, is a form of freedom of speech.
 In 2004, the SC held that hoisting the national flag is also a form of this
freedom.
 Freedom of the press is an inferred freedom under this Article.
 This right also includes the right to access information because this right is
meaningless when others are prevented from knowing/listening. It is
according to this interpretation that the Right to Information (RTI) is a
fundamental right.
 The SC has also ruled that freedom of speech is an inalienable right adjunct
to the right to life (Article 21). These two rights are not separate but related.
 Restrictions on the freedom of speech of any citizen may be placed as much
by an action of the state as by its inaction. This means that the failure of the
State to guarantee this freedom to all classes of citizens will be a violation of
their fundamental rights.
 The right to freedom of speech and expression also includes the right to
communicate, print and advertise information.
 This right also includes commercial as well as artistic speech and expression.

Importance of Freedom of Speech and Expression

A basic element of a functional democracy is to allow all citizens to participate in the
political and social processes of the country. There is ample freedom of speech,
thought and expression in all forms (verbal, written, broadcast, etc.) in a healthy
democracy.
Freedom of speech is guaranteed not only by the Indian Constitution but also by
international statutes such as the Universal Declaration of Human Rights (declared
on 10th December 1948), the International Covenant on Civil and Political Rights,
the European Convention on Human Rights and Fundamental Freedoms, etc.
  This is important because democracy works well only if the people have the
right to express their opinions about the government and criticise it if needed.
 The voice of the people must be heard and their grievances are satisfied.
 Not just in the political sphere, even in other spheres like social, cultural and
economic, the people must have their voices heard in a true democracy.
 In the absence of the above freedoms, democracy is threatened. The
government will become all-too-powerful and start serving the interests of a
few rather than the general public.
 Heavy clampdown on the right to free speech and free press will create a
fear-factor under which people would endure tyranny silently. In such a
scenario, people would feel stifled and would rather suffer than express their
opinions.
 Freedom of the press is also an important factor in the freedom of speech and
expression.
 The second Chief Justice of India, M Patanjali Sastri has observed, “Freedom
of Speech and of the Press lay at the foundation of all democratic
organizations, for without free political discussion no public education, so
essential for the proper functioning of the process of Government, is
possible.”
 In the Indian context, the significance of this freedom can be understood from
the fact that the Preamble itself ensures to all citizens the liberty of thought,
expression, belief, faith and worship.
 Liberal democracies, especially in the West, have a very wide interpretation of
the freedom of speech and expression. There is plenty of leeways for people
to express dissent freely.
 However, most countries (including liberal democracies) have some sort of
censorship in place, most of which are related to defamation, hate speech,
etc.
 The idea behind censorship is generally to prevent law and order issues in the
country.

The Need to Protect Freedom of Speech

There are four justifications for freedom of speech. They are:
1. For the discovery of truth by open discussion.
2. It is an aspect of self-fulfilment and development.
3. To express beliefs and political attitudes.
4. To actively participate in a democracy.

Restriction on Freedom of Speech

Freedom of speech is not absolute. Article 19(2) imposes restrictions on the right to
freedom of speech and expression. The reasons for such restrictions are in the
interests of:
1. Security
2. Sovereignty and integrity of the country
3. Friendly relations with foreign countries
4. Public order
5. Decency or morality
6. Hate speech
7. Defamation
8. Contempt of court
The Constitution provides people with the freedom of expression without fear of
reprisal, but it must be used with caution, and responsibly.
Freedom of Speech on Social Media
The High Court of Tripura has held that posting on social media was virtually the
same as a fundamental right applicable to all citizens, including government
employees. It also asserted that government servants are entitled to hold and
express their political beliefs, subject to the restrictions laid under the Tripura Civil
Services (Conduct) Rules, 1988.
In another significant judgment, the HC of Tripura ordered the police to refrain from
prosecuting the activist who was arrested over a social media post where he
criticized an online campaign in support of the Citizenship Amendment Act (CAA),
2019 and warned people against it. The High Court held that these orders are in line
with the very essence of the Indian Constitution.
Hate Speech
The Supreme Court of India had asked the Law Commission to make
recommendations to the Parliament to empower the Election Commission to restrict
the problem of “hate speeches” irrespective of, whenever made. But the Law
Commission recommended that several factors need to be taken into account before
restricting a speech, such as the context of the speech, the status of the maker of
the speech, the status of the victim and the potential of the speech to create
discriminatory and disruptive circumstances.
Freedom of Speech in Art
In relation to art, the court has held that “the art must be so preponderating as to
throw obscenity into a shadow or the obscenity so trivial and insignificant that it can
have no effect and may be overlooked.”
There are restrictions in what can be shown in cinemas and this is governed by the
Cinematograph Act, 1952. You can read more about this and the Censor Board in
India.
Safeguards for Freedom of Speech and Expression under Article
19(2)
The Constitution of India guarantees freedom of speech and expression to all its
citizens, however, these freedom are not absolute because Article 19 (2) of the
constitution provides a safeguard to this freedom under which reasonable
restrictions can be imposed on the exercise of this right for certain purposes.
Safeguards outlined are discussed below-
Article 19(2) of the Indian constitution allows the state to make laws that restrict
freedom of speech and expression so long as they impose any restriction on the –
1. The state’s Security such as rebellion, waging war against the State,
insurrection and not ordinary breaches of public order and public safety.
2. Interest id Integrity and Sovereignty of India – this was added by the
16th constitutional amendment act under the tense situation prevailing in
different parts of the country. Its objective is to give appropriate powers to
impose restrictions against those individuals or organizations who want to
make secession from India or disintegration of India as political purposes for
fighting elections.
3. Contempt of court: Restriction can be imposed if the speech and expression
exceed the reasonable and fair limit and amounts to contempt of court.
4. Friendly relations with foreign states: It was added by the First Amendment
Act, 1951 to prohibit unrestrained malicious propaganda against a foreign-
friendly state. This is because it may jeopardize the maintenance of good
relations between India and that state.
5. Defamation or incitement to an offense: A statement, which injures the
reputation of a man, amounts to defamation. Defamation consists in exposing
a man to hatred, ridicule, or contempt. The civil law in relating to defamation is
still uncodified in India and subject to certain exceptions.
6. Decency or Morality – Article 19(2) inserts decency or morality as grounds for
restricting the freedom of speech and expression. Sections 292 to 294 of the
Indian Penal Code gives instances of restrictions on this freedom in the
interest of decency or morality. The sections do not permit the sale or
distribution or exhibition of obscene words, etc. in public places. However, the
words decency or morality is very subjective and there is no strict definition for
them. Also, it varies with time and place.
Need of these Safeguards of Freedom of Speech & Expression
1. In order to safeguard state security and its sovereignty as a speech can be
used against the state as a tool to spread hatred.
2. To strike a social balance. Freedom is more purposeful if it is coupled with
responsibility.
3. Certain prior restrictions are necessary to meet the collective interest of
society.
 4. To protect others’ rights. Any speech can harm a large group of people and
their rights, hence reasonable restrictions must be imposed so that others
right is not hindered by the acts od one man.

Right to Information
As mentioned before, the right to information is a fundamental right under Article
19(1). The right to receive information has been inferred from the right to free
speech. However, the RTI has not been extended to the Official Secrets Act. For
more on the RTI,