Freedom of Speech and Expression (Article 19 in India) क्या है?
ऐतिहासिक पृष्ठभूमि
मुख्य प्रावधान
8 points- 1.
Article 19(1)(a) guarantees the right to freedom of speech and expression to all citizens of India.
- 2.
It encompasses various facets, including freedom of the press, right to know, right to silence, and the right to protest peacefully.
- 3.
This right is not absolute and is subject to reasonable restrictions specified under Article 19(2).
- 4.
Grounds for restriction include sovereignty and integrity of India, security of the State, friendly relations with foreign States, public order, decency or morality, contempt of court, defamation, and incitement to an offence.
- 5.
Restrictions must be reasonable and imposed by law, not by executive fiat.
- 6.
The Supreme Court has significantly expanded its scope through landmark judgments like Romesh Thappar v. State of Madras (1950), Indian Express Newspapers v. Union of India (1985), and Shreya Singhal v. Union of India (2015).
- 7.
The right is enforceable only against the State and its instrumentalities, not against private individuals or entities.
- 8.
It is considered a cornerstone of democracy, enabling informed public discourse and holding the government accountable.
दृश्य सामग्री
Article 19(1)(a): Freedom of Speech & Expression in India
This mind map illustrates the multifaceted nature of Freedom of Speech and Expression under Article 19(1)(a) of the Indian Constitution, its scope, restrictions, and key judicial interpretations.
Article 19(1)(a): Freedom of Speech & Expression
- ●Scope & Facets
- ●Reasonable Restrictions (Article 19(2))
- ●Landmark Judgments
- ●Contemporary Challenges
Freedom of Speech & Expression: India vs. Pakistan (Constitutional & Legal Context)
This table compares the constitutional and legal frameworks governing freedom of speech and expression in India and Pakistan, highlighting key differences and similarities relevant to the recent news.
| Aspect | India (Article 19) | Pakistan (Article 19 & Recent Context) |
|---|---|---|
| Constitutional Basis | Article 19(1)(a) guarantees freedom of speech and expression to citizens. | Article 19 of Pakistan's Constitution guarantees freedom of speech, expression, and press, subject to law. |
| Scope & Interpretation | Broadly interpreted by Supreme Court to include freedom of press, right to know, right to protest peacefully. Not explicitly mentioned but implicitly included. | Similar broad guarantees, but practical implementation often constrained by specific laws and political climate. |
| Reasonable Restrictions | Article 19(2) lists specific grounds: sovereignty, security, public order, decency, defamation, etc. Restrictions must be reasonable and by law. | Article 19 of Pakistan's Constitution allows restrictions in the interest of glory of Islam, integrity, security, public order, decency, contempt of court, etc. |
| Judicial Precedents | Strong judicial oversight; Supreme Court has narrowed scope of restrictive laws (e.g., Kedar Nath Singh on sedition, Shreya Singhal on IT Act). | Judiciary often faces pressure; anti-terrorism courts (ATCs) have broad powers, leading to concerns about due process and fair trial standards. |
| Recent Context (Jan 2026) | Ongoing debates on hate speech, IT Rules 2021, and abeyance of sedition law (IPC 124A). Focus on balancing rights with national security. | Recent sentencing of journalists/YouTubers to life imprisonment for protests (May 2025 events), raising severe concerns about crackdown on dissent and press freedom. |
| Press Freedom Index (2024) | Ranked 159th out of 180 countries (Reporters Without Borders). | Ranked 150th out of 180 countries (Reporters Without Borders). |
हालिया विकास
5 विकासOngoing debates surrounding the regulation of hate speech and misinformation, especially on digital platforms.
Challenges to the constitutionality and implementation of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
Judicial scrutiny of the sedition law (Section 124A IPC) and its potential chilling effect on free speech.
Concerns regarding the use of stringent laws like the Unlawful Activities (Prevention) Act (UAPA) against dissenters.
Increased awareness and legal challenges against SLAPP suits Strategic Lawsuits Against Public Participation used to silence critics and journalists.