Scope of Grounds for Reasonable Restrictions on the Freedom of Speech and Expression
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Abstract
Freedom is the condition of being free ie., set at liberty. The Preamble of the Constitution of India promotes, “Liberty of thought, expression, belief, faith and worship”. Art 19(1)(a) of the Constitution provides that all citizens shall have a right to freedom of speech and expression. Nothing in sub-clause(a) of clause (1) shall affect the operation of any existing law or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interest of the sovereignty and integrity of India, the security of the State, friendly relations with Foreign States, public order, decency or morality or in relation to contempt of Court, defamation or incitement to an offence. Art 19(2) states that laws made by State to impose restrictions on freedom of press and expression should be reasonable. It is for the courts to decide as to what is reasonable. The court’s power in examining the question of reasonableness is unlimited. The court must determine the reasonableness of a restriction by objective standard and not by subjective one.
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