FUNDAMENTAL FREEDOMS UNDER ARTICLE 19 OF THE CONSTITUTION OF INDIA Article 19 ( 1) 1 of the Constitution, gu arantees certa in fundamental rights, subject to the power of the State to impose restrictions on the exercise of those rights . The Article was thus intended to protect these rights against S tate action other than in the legitimate exercise of its power to regulate p ri va te rights in the public interest. FREEDOM OF SPEECH AND EXPRESSION E xpre ssion is a matter of liberty and right. The liberty of thought and right to know are the sources of expression . Free Speech is live wire of the democracy. Freedom of expression is integral to the expansion and fu lfillment of individual persona li t y. Freedom of expression is more essential in a democratic setup of St ate where p eople are the Sovereign rulers . Iver Jennings said, without freeqom of speech, the appeal to reason which is the basis of democracy canno t be made. Milton in his Aeropagitica says that without th is freedom there c an be no health in the moral and intellectual life of either the individual or the nation. According to Justice Krishna Iyer, " This freedom is essential because the censorial power lies in the people over and against the Government and not in the Governme nt over and against the people." Th e freedom of sp eec h and expression is required to fulfill the following objectives : a} To discover truth b} Non self-fulfillment c) Democratic value d} To ensure pluralism The people of India gave to themselves, t he Constitution of In dia , wi th a view of make it Sovereign, Democra ti c, Socia li sti c, Secular and Republic. In our democratic society, pride to place has been provided to freedom of speech and expression, which is the mother of all liberties. One of the main objectives of the Indian Constitution as envisages in the Preamble, is to secure LIBERTY OF THOUGHT AND EXPRESSION to a ll the ci ti ze ns. Freedom of Expression is among the foremost of human ri ght s. It is the communication and practical app li cation of individual freedom of thought. Irrespective of the system of admin i stra tion, va ri ous constitutions make a mention of the freedom of expression . In Bennett Co le man & co . v. Union of India, the Supreme Court held that newspaper should be left free to determine their pages and their circulation . This case arouse out of a constitut iona l challenge to the validity of the Newspaper (Price & Page) Ac t, 1956 wh ich empowered the Government to regulate the allocation of space for advertisement matter. The court held that the curtailment of advertisements would fall foul of Article 19(1 )(a), since it would have a direct impact on the circulation of newspapers. The court he ld that any restriction l ead ing to a loss of advertising revenue would affect circulation and thereby impinge on the freedom of speech. 2 19
FUNDAMENTAL FREEDOMS UNDER ARTICLE 19 OF THE CONSTITUTION OF INDIA
Jul 05, 2023
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