Understanding “Freedom of Speech and Expression” in insinuation with Indian Cases

Abstract

In the words of Sormen Kierkegaard,

“People demand freedom of speech as a compensation for the freedom of thought which they seldom use.”

“Freedom” is a very important term for all of us and we Indians are being awarded with this right by our Constitution framers .Our visionary Constitution framers had actually imagined that the people of this democracy really need the gift of freedom and liberty. While drafting the Constitution they observed the feature of American Constitution (Bill of Rights) and took inspiration from it and awarded us with all major freedom under article 12-35.They ensured that every realm of the society gets covered under this one umbrella and this country rejoices every bit of it.

Article 19(1)(a) explains that every individual has a right to express himself and can have his own opinions of thought. They can support any opinion, any belief of their own choice and Constitution gives them this right but at the same time Constitution mentions about Article 19(2) which states that freedom also has restrictions on it. Reasonable restrictions can be imposed on the grounds of sovereignty, integrity,security of the state,friendly relations with foreign states,public order, decency or morality, contempt of court,defamation and incitement to an offence.(source:Indian Polity by M Laxmikanth).This paper is trying to understand freedom of speech and expression in special light of Indian cases and various instances will be discussed in this learning.