Discuss the scope and nature of the Freedom of Speech and Expression in India. Explain the emerging…

Question

Discuss the scope and nature of the Freedom of Speech and Expression in India. Explain the emerging dimensions of the freedom.

Ghissu Editorial · Accepted Answer

Article 19(1)(a) guarantees broad freedom of speech and expression, including press freedom and the right to know, subject to reasonable restrictions under Article 19(2) read narrowly by courts, as when Shreya Singhal (2015) struck down Section 66A. Emerging dimensions include online speech, internet shutdowns and the IT Rules 2021.

**Introduction**

Freedom of Speech and Expression under Article 19(1)(a) is fundamental to India’s democracy but is limited by “reasonable restrictions” under Article 19(2), creating a complex balance between liberty and regulation. The Supreme Court has affirmed its importance in sustaining democratic discourse, as seen in Romesh Thapar v. State of Madras (1950).

**Institutional Framework and Constitutional Safeguards**

SKETCH: mindmap | Institutional Framework of Free Speech⟦1⟧  
- Constitutional Provisions  
- Judiciary and Landmark Judgments  
- Regulatory Bodies  
- International Obligations

2. **Judicial Guardianship**: Landmark rulings like Shreya Singhal (2015) struck down vague laws such as Section 66A IT Act, while IPC Section 295A balances religious sentiments; and State of U.P. v. Raj Narain (1975) linked the citizen’s right to know with freedom of speech, the basis of the RTI regime, reinforcing participatory democracy.

**Challenges and Societal Impact**

3. **Digital Expression and Censorship**: Over 300 internet shutdowns (2018-2023) and IT Rules, 2021 impose restrictions on digital speech, raising privacy and expression concerns. These measures have sparked debates on balancing regulation with digital rights.

4. **Societal Diversity and Hate Speech**: The Karnataka Hate Speech Bill⟦2⟧ debates illustrate tensions between protecting free speech and regulating hate speech in India’s plural society. Police actions against online hate speech targeting minorities highlight the challenge of maintaining communal harmony without stifling expression.

**Emerging Dimensions and Way Forward**

6. **Strengthening Institutions**: Calls for autonomous media regulators and judicial mechanisms aim to protect democratic discourse from executive overreach, addressing concerns raised by the Ministry of Information and Broadcasting’s current regulatory framework.

**Conclusion**

India’s freedom of speech continues to evolve, balancing constitutional rights with societal diversity and digital challenges, requiring ongoing legal and institutional reforms to safeguard democratic values.

Model answer

ఈ ప్రశ్నను ప్రాక్టీస్ చేయండి

ప్రాథమిక హక్కులు, ఆదేశిక సూత్రాలు మరియు ప్రాథమిక విధులు5 questions

Ghissu