Dishaa Arora
3rd Year Law Student of 5year BA, LL.B.,
Vivekananda School of Law and Legal Studies, Pitampura, New Delhi
Abstract
Free and open discussion of public issue is crucial for proper functioning of democratic government and for enabling citizens to exercise their right to vote in an informed manner. Article 19 of the constitution of India guarantees six fundamental rights to the citizens of India which are subject to some limitations. Along with the fundamental right these limitations are also necessary as it obstructs the misuse of power. The fundamental rights being guaranteed by the fundamental law of land, no organ of the State i.e., executive, legislative or judicial, can act in contravention of such rights, and any such act which is repugnant to such rights will be void to the extent of repugnancy. The very first fundamental right guaranteed under Article 19 is freedom of speech and expression given under article 19 (1)(a). According to the Indian Constitution, the right to freedom of speech and expression entails having the freedom to express one’s own beliefs and thoughts. The right to free speech facilitates the discussion of issues and is essential for shaping public opinion on social, political, and economic issues. Judiciary often addresses the responsibility of balancing freedom of expression with specified public interest imperatives, such as national security, public order, public health, or morals, as well as with individual rights, such as the right to privacy and the right to reputation. The phrase “Speech and expression” has been construed by the Honourable Supreme Court to have a broad meaning, and as a result, several rights that aren’t explicitly stated in the Constitution’s plain words have been recognized. Thus, in this paper an effort is made to analyze how relevant and successful such a dynamic interpretation of the right has been.
Keywords: Article 19(1)(a), Judiciary, Indian Constitution, Fundamental right, Freedom of speech and expression.
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