Right to freedom of speech - Important features and Restrictions | Constitution of India

Q. Which different freedoms are included in right to freedom of speech? What restrictions are imposed on them? Discuss in detail with decided cases. [20 marks - 2022]

Right to Freedom of Speech and Expression

The Constitution of India vide its Article  19(1)(a) provides Freedom of Speech and Expression to the citizens of India. The Article states that all the citizens of India have a right to freedom of speech and expression. This article is a reflection of the Preamble of the Constitution of India- ‘where a solemn resolve is made to secure to all its citizen, their liberty of thought and expression’. This is not an absolute right. Article 19(2) of the Constitution of India put a few restrictions on the excercise of this right.

Main elements of freedom of Speech and Expression

1. This right is available to a citizen of India only.

2. The freedom of speech under Article 19(1)(a) includes the right to express one’s views and opinions on any issue. This can be done by words of mouth, by writing, by printing, through pictures or through a movie.

3. This is not an absolute right. The Government of India is allowed to frame laws which can impose reasonable restrictions in the cases which are involved with the sovereignty and integrity of India or the security of the state, or friendly relations with foreign nations, even public order, decency and morality and contempt of court, defamation and incitement to an offence.

Restrictions on the right to freedom of speech and expression

The clause (2) of Article 19 of the Constitution of India imposes certain restrictions on free speech under the following grounds:

• Security of the State: Reasonable restrictions can be imposed on freedom of speech where security of the nation is concerned. Case reference: People’s Union for Civil Liberties v. Union of India (AIR 1997 SC 568)
• Friendly relations with foreign States: The Government of India is authorised to curb the freedom of speech in the interest of maintaining friendly relation with foreign states. This  was added by the Constitution (First Amendment) Act of 1951. 
• Public order: This ground for the restriction was also added by the Constitution (First Amendment) Act, 1951 this was done in order to meet the situation arising from the Supreme Court’s decision in the case of  Romesh Thapar v. The State of Madras (AIR 1950 SC 124). According to the Supreme court of India, public order is very much different from law and order and security of the state.
• Decency and Morality: These are defined under the Sections 292 to 294 of the Indian Penal Code 1860 provides for the instances of restrictions on the freedom of speech and expression on the grounds of decency and morality, it then prohibits the sale or distribution or exhibition of obscene words.
• Contempt of court: The right to freedom of speech in no way allows a person to contempt the courts. The expression Contempt of Court has been defined under Section 2 of the Contempt of Courts Act, 1971. The term ‘contempt of court’ relates to civil contempt or criminal contempt under the Act.
• Defamation: The clause (2) of Article 19 of the Constitution of India prevents any individual from making any statement that injures the reputation of another in the eyes of society.
• Incitement to an offence: This is another ground which was also added by the Constitution (First Amendment) Act of 1951. The Constitution also prohibits an individual from making any statement which incites or encourages other people to commit an offence.
• Sovereignty and integrity of India: This ground was added subsequently by the Constitution (Sixteenth Amendment) Act of 1963. This is only aimed to prohibit or restrict anyone from making statements that directly challenge the integrity and sovereignty of the country.