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.

You can read all about Fundamental Rights at the linked article.
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, click here.
Freedom of Speech – Indian Polity:-
UPSC Questions related to Freedom of Speech
Is freedom of speech a fundamental right in India?
Yes, freedom of speech is a fundamental right guaranteed under Article 19(1)(a).
What is Article 19 of the Constitution of India?
Article 19 of the Constitution guaranteed the right to freedom. Read more here.
What are the 7 fundamental rights of India?
The 7 fundamental rights are:
1. Right to equality
2. Right to freedom
3. Right against exploitation
4. Right to freedom of religion
5. Cultural and educational rights
6. Right to constitutional remedies
On what grounds can the State limit Freedom of Speech?
The state can limit Freedom of Speech on the following grounds
1. Defamation
2. Friendly Relations with Foreign Countries
3. National Security
4. Integrity and Unity of the State
5. Public order