2014 · GS Paper 2 · Q4 · 12 marks
What do you understand by the concept freedom of speech and expression? Does it cover hate speech also? Why do the films in India stand on a slightly different plane from other forms of Expression? Discuss.
In short
Freedom of speech under Article 19(1)(a) is broad but subject to eight reasonable restrictions, so hate speech that promotes enmity is not protected. Films stand apart because, as K.A. Abbas (1970) held, cinema stirs emotions more deeply than print, which justifies pre-certification.
Model answer
Ghissu Editorial · Verified 4 Oct 2026 · 291 words
Wide concept
It covers the press (Sakal Papers, 1962), the right to know (Raj Narain, 1975), commercial speech (Tata Press, 1995), silence (Bijoe Emmanuel, 1986) and flying the flag (Naveen Jindal, 2004).
Hate speech excluded
Speech promoting enmity between groups is punishable under Sections 153A and 295A of the IPC, upheld in Ramji Lal Modi (1957), because public order and the dignity of others are valid grounds of restriction.
A fine line
Pravasi Bhalai Sangathan (2014) asked the Law Commission to define hate speech, since merely offensive views stay protected.
Deeper impact
K.A. Abbas (1970) upheld pre-censorship because films stir emotions more deeply than print.
Proximate nexus
S. Rangarajan (1989) still required a danger as close as a spark in a powder keg before a certified film is restricted, and Bobby Art (1996) judged a film as a whole.
Prior restraint accepted
CBFC certification under the Cinematograph Act 1952 is a restraint Brij Bhushan (1950) refused for newspapers.
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Question from the official UPSC Civil Services (Main) Examination 2014 paper. Answer written by Ghissu's engine and checked against our editorial standards. Found an error? Tell us and we correct it within 48 hours.