FREE SPEECH V. NATIONAL SECURITY
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https://doi.org/10.55662/Abstract
FREE SPEECH
Free speech in a democracy is not just a need, but a virtue, a virtue which ought not to be deflected. Free speech is not just about expressing and exploring ideas, but it also includes criticism, be it may a constructive criticism or be it may a criticism of any sought. Its’ a right, perpetuation of which lets the exploration of ideas and which makes the democracy vibrant!
Political philosophers have argued for liberty of opinion and discussion, or for a free speech principle under which speech is entitled to a greater degree of immunity from regulation than other forms of conduct which cause similar harm or offence.
CONSTITUTION OF INDIA
Art. 19(1)(a) of the Constitution guarantees freedom of speech & expression. It is also guaranteed under the Liberty clause to the preamble.
In Ram Singh v St. of Delhi, Vivian Bose J. observed that it is the rights that are fundamental under part III and not the restrictions.
INTERNATIONAL CHARTERS
The major international & regional instruments on civil & political rights–the International Covenant on Civil & Political Rights (ICCPR), the European Convention on Human Rights (ECHR), the American Convention on Human Rights (ACHR), & African Charter on Human & People’s Right (ACHPR) – all protect “freedom of expression”.
INDIA’S INTERNATIONAL OBLIGATION
Art. 51(c), says, to foster respect for international law & treaty obligations in the dealings of organised peoples’ with one another. By virtue of Arts. 246 & 253 r/w VIIth schedule of the Constitution, international treaties must be incorporated by the G.O.I. (& co-extensively by the legislature) in order to form part of domestic law. However, with regard to human rights treaties, India’s International commitment may be derived from similar rights enshrined in the Constitution.
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