Freedom of expression enshrined under Article 19 (1) of the Constitution is not an absolute right

Freedom of expression enshrined under Article 19 (1) of the Constitution is not an absolute right

Freedom of speech and expression is one of the social cornerstones of India. Constitution of India, under article 19(1)(a) guarantees to every citizen the right to freedom of speech and expression. However, this freedom is not absolute. In fact, it is the duty of every citizen to express themselves responsibly. When this responsibility is not fulfilled then a citizen can be prosecuted for abusing his rights under Article 19(2).

Significance of freedom of expression enshrined under Article 19 (1) of the Constitution

Societal good: Constitutional protection for freedom of expression is an essential catalyst for the growth of a healthy democratic and secular society. Such a right is necessary to check arbitrary power, promote diversity, prevent censorship and permit unfettered national debate. It guards against undue official interference in social and political dialogue.

Self-development: As a fundamental right, freedom of speech is closely linked to the Self-development. It is significant for the growth of each individual and, therefore, for the development of all. Freedom of speech helps each one of us find out who we are and where we wish to be, it fosters dialogue among individuals as well as ideas collectively.

Individual freedom: Freedom of expression is an integral part of individual freedom. Freedom of expression means that one can hold views, give expression to thoughts and convey information without fear of coercion or censorship. The kind of self-fulfillment that Article 19(1) provides cannot be had if anybody may regulate the content of one’s speech.

Democratic value: The Right to freedom of speech and expression is recognized as a fundamental right in the Indian Constitution. India is a parliamentary democracy. The Constitution has given all citizens freedom of speech and expression. It is not only a fundamental right but also one of the basic features of the Indian democracy.

Ensure pluralism: Freedom of Speech promotes and reinforces pluralism, which in itself has a great value in society, and makes sure that diversity is validated and promoted. 

Safeguards outlined under Article 19(2)

Interests of the sovereignty and integrity of India: The sovereignty and integrity of India is a ground under Article 19 (2) of the constitution. This is as a reaction to the tense situation prevailing in different parts of the country. Its objective is to give appropriate powers to impose restrictions against those individuals or organizations who want to tamper with the internal security of India. In other words, any action that goes against the security measures adopted by the nation must be restrained in order to protect it. As a result, sedition, cheating, defamation, causing enmity between two communities, etc. are mentioned as offenses against the sovereignty.

The security of the state: The security of the state is essential and a matter of paramount importance. It is the duty of every citizen to lend support for upholding the freedom and independence of the State against foreign aggression and internal disturbance. Any danger to, or actively harmful or calculated to imperil or disrupt, the sovereignty, unity territorial integrity, national strength, defense capability of the country must be deemed to be a threat to the security of the State. It would be in this context that Article 19(2) must be understood.

Friendly relations with foreign states: This section contains two mischiefs. First, unrestrained or malicious propaganda against foreign states friendly to India in order to jeopardise the maintenance of good relations between India and those states. Secondly, false news which can likely to disturb public peace and tranquillity within India.

Decency or morality: Measures to ensure decency and morality are provided under Section 292 or 294 of the Indian Penal Code. The standard of morality varies from place to place and time to time. The article compared the rights of individuals with regard to freedom of speech and expression with that of the state in relation to morality. It clarified some instances under which the state may restrict freedom of speech and expression.

Contempt of court: To protect the dignity of the courts, both civil, as well as criminal contempt, is made punishable offenses by the Indian legal system. Article 19 (2) of the Indian constitution provides us with the sedition law. Any person making statements or publishing material against the government is brought under the sedition law.

Defamation or incitement to an offence: Defamation is any false imputation, express or implied, of a fact which would harm the reputation of someone, or an action that has the effect of lowering him in the esteem of his fellows. Defamation includes oral statements as well as written ones. The civil law in relating to defamation is still uncodified in India and subject to certain exceptions.

Need and significance of these safeguards:

Social Balance: The right to freedom of expression and the portrayal of ideas are important as we believe that they are vital for a democratic society. But, as it is important, it should be regulated too. The freedom of speech and expression is not worth anything if it is a wild and uncensored expression. Therefore, boundaries have to be set up to ensure a loveable social balance amongst all.

Public interest: The public interest also includes the interest of other individuals and groups. Hence, every restriction should be properly justified by public interest. In other words, prior restraint should be imposed only when there is proper justification and it should also be enacted within constitutional restrictions.

Other’s rights: All rights related to each other. The expression of one right is always restricted by the other. In Maneka Gandhi v. Union of India, Court held that reasonable restrictions should be such that others’ rights should not be hindered or affected by the acts of one man.

State security: The security of the state and its citizens is of paramount importance. Restrictions ensured are to safeguard state security and its sovereignty. A speech may lead to secessionist tendencies and can be used against the state as a tool to spread hatred. Reasonable restrictions ensure, security of the state and its citizens.