Article 19 of the Constitution Freedom of speech and expression , Free debate and open discussion is necessary element in democracy.
In Maneka Gandhi vs Union of India the Supreme court observed and held that every citizen must be entitled to engage in democratic process.
Maneka Gandhi v. Union of India 1978
In the case of Maneka Gandhi vs Union of India the Supreme court observed and held that every citizen must be entitled to engage in democratic process.
Every citizen have right to exercise, free to choice and general discussion participation in Public matter.
The Article 19(1) tells that All citizens shall have the right- (a) To freedom of speech and expression.
Article 19(2) Constitution
The Article 19(2) of the Constitution tells that Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law.
In so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the sovereignty and integrity of India.
The security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.
Article 19(1) of the Constitution freedom of speech and expression
Protection of certain rights regarding freedom of speech, etc All rights in the Article 19 is certain to all citizen and are list as below.
Meaning and scope of freedom of speech and expression
The following Landmark case related in the context of Article 19 of the Constitution that is right to freedom of speech and expression.
Romesh Thapper v. State of Madras 1950
In this case of Romesh Thapper v. State of Madras supreme court observed that freedom of speech lay at the foundation of all democratic organizations.
Indian express Newspaper v. Union of India 1985
In the case of Indian express Newspaper v. Union of India , supreme court held that the freedom of speech and expression has four broad special purpose to serve.
- Helps an individual to attain self fulfilment.
- It assist in the discovery of the truth
- Strengthen the capacity of an individual in participating in decision making.
- It provides a mechanism why we cheat to would be possible to establish a reasonable balance between stability and social change.
Bijoe Emmanuel v. State of Kerala 1986
In Bijoe Emmanuel versus state of Kerala Supreme court held that freedom of silence is the fundamental right under article 19(1)(a).
Tata press Ltd. V. Mahanagar Telephone nigam Ltd. 1995
In this case Tata press Limited versus Mahanagar Telephone Nigam Limited the Supreme court held that commercial speech advertisement is the part of particle 19(1)( a).
Secretary Ministry of I & B versus Cricket Association of Bengal 1995
The supreme court held that the fundamental right to freedom of speech and expression include the right to communicate and broadcast also.
Sakal Paper Ltd. V. Union of India 1962 SC
In this case sakal paper Ltd v. Union of India, the Supreme court observed that the freedom of Press is not confined to news paper and periodicals only.
But it includes also pamphlets and circulars and energy short of publication which affords a vehicle of information and opinion.
Protection of certain rights regarding freedom of speech, etc Art 19
- (a) to freedom of speech and expression
- (b) to assemble peaceably and without arms.
- (c) to form associations or unions or co-operative societies
- (d) to move freely throughout the territory of India.
- (e) to reside and settle in any part of the territory of India
- (g) to practise any profession, or to carry on any occupation, trade or business.
The above rights on its exercise, imposes reasonable restriction, the sovereignty and integrity of India, the security of the state.
Friendly relations with foreign states, Public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.