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INTERNATIONAL JOURNAL OF LEGAL

SCIENCE AND INNOVATION
[ISSN 2581-9453]
Volume 2 | Issue 3
2020
© 2020 International Journal of Legal Science and Innovation

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54 International Journal of Legal Science and Innovation [Vol. 3 Iss 1; 54]

Right to Freedom of Speech and Expression

MADHU SINGH1

ABSTRACT
The freedom of speech is considered as the first condition of liberty. Freedom of speech
and expression means the right to express one’s own conviction and opinion freely by
words of mouth, writing or any mode. The person have the right to express their thought,
their view, their idea especially without fear of punishment freedom of speech is
guaranteed not by the constitution only but also by various international convection like
universal declaration of human right, European convention on human right

Article 19 (1) (a) of the constitution of India provides and guarantees to all its citizen the
right of Freedom of speech and expression. whereas article 19(2) allow for reasonable
restriction to be imposed on all fundamental right including that of freedom to speech
and expression. the preamble of Constitution provides liberty to all its citizens. Preamble
of Constitution itself ensure to all citizen liberty of thought, expression, belief, faith and
worship. In Romesh Thappar Versus Union of India Justice Patanjali has rightfully held
that 19(1) is the very basic and essence of the constitution and our democracy reasonable
restriction, however he noted should be such that other rights should not be effected by
the act of one man

Through this Article it can be easily concluded that right to freedom of Speech and
Expression is one of the important fundamental right. It gives us to power to put over
thought, our point, our ideas forward this fundamental right gives us immense power but
not in the case if it hurt sentiments and morality of others.

I. INTRODUCTION
“Give me the liberty to know, to utter and to argue freely accordingly to conscience above all
liberties”

- JOHN MILTON

The freedom of speech is considered as the first condition of liberty. Freedom of speech and
expression means the right to express one’s own conviction and opinion freely by words of
mouth, writing or any mode. The person have the right to express their thought, their view,
their idea especially without fear of punishment freedom of speech is guaranteed not by the

1
Author is a student at Shambhunath Institute of Law, Jhalwa, Prayagraj (UP), India.

© 2020. International Journal of Legal Science and Innovation [ISSN 2581-9453]

 55 International Journal of Legal Science and Innovation [Vol. 3 Iss 1; 54]

constitution only but also by various international convection like universal declaration of
human right, European convention on human right and fundamental freedom .

Citizen have the right to speak freely without any fear of punishment, restriction or repression
by government Or any other institutions.

What do you mean by freedom in the eyes of law ?

Freedom stands for something greater than just the right to act however I choose- it also
stands for securing to everyone an equal Opportunities of it for life, liberty and the pursuit of
happiness. if we see the legal definition of freedom then it is the quality or state of being free
as – “The absence of necessity, coercion or constraint in choice or action (b) liberation from
slavery or restraint or from the power of another. Freedom of free will be a state of being
capable of making decisions without any external control.

II. TYPE OF FREEDOM

The historian and the philosopher of idea Isaiah Berlin according to her view there are two
types of freedom and that is negative freedom and positive freedom. Negative freedom
centres on freedom from interference. Theories of negative freedom usually can be
understand as the out of acceptable limits of interference in individual’s life. One restricts the
negative freedom when that one person restricts the number of choice he or she can make
about my life.

Positive freedom can be understand as freedom to do something. It is derived from the wish
on that part of individual to be his own master there is no external influence.

Right to Freedom of Speech and Expression

Article 19 (1) (a) of the constitution of India provides and guarantees to all its citizen the
right of Freedom of speech and expression. The law states that all citizen shall have right to
freedom of speech and expression.

The constitution of India provides the right to freedom, given in article 67,45,87 and 92 with
the view of guaranteeing individual right that were considered important by the makers of
constitution. Article 45 provide provision for free and compulsory education for children. The
government provides free education to all children until they complete the age of fourteen
years.

Freedom of speech is considered to be most basic freedom. In India the right is granted by
Article 19(1)(a) whereas article 19(2) allow for reasonable restriction to be imposed on all
fundamental right including that of freedom to speech and expression.

© 2020. International Journal of Legal Science and Innovation [ISSN 2581-9453]

 56 International Journal of Legal Science and Innovation [Vol. 3 Iss 1; 54]

In Romesh Thappar Versus Union of India Justice Patanjali has rightfully held that 19(1) is
the very basic and essence of the constitution and our democracy reasonable restriction,
however he noted should be such that other rights should not be effected by the act of one
man

III. THE IMPORTANCE OF FREEDOM OF SPEECH AND EXPRESSION

The freedom is essential for the proper functioning of the democratic process. Freedom of
speech and expression is regarded as the first condition of liberty. Freedom of speech and
expression can be said as the base or mother of all liberties. Through this right the citizen can
easily take part in any discussion of issue. Freedom of speech plays a crucial role in the
formation of public opinion on social, political, economic matters.

In Maneka Gandhi Versus Union of India Justice Bhagwati J. has emphasized on the
significance of the freedom of speech and expression in these words -“Democracy is based
essentially on free debate and open discussion, for that is the only corrective of government
action in a democratic set up. If democracy means government of the people by the people, it
is obvious that every citizen must be entitled to participate in the democratic process and in
order to enable to intelligently exercise his right of making a choice, free and general
discussions of public matters is absolutely essential.

The right to freedom of speech and expression offers and give human being the power to
express his feeling to other. the Supreme Court in the case of state of UP Versus. Raj
Narayan has held that article 19(1)(a) of the Constitution guarantees the freedom of speech
and expression to all citizen in addition to protecting the right of the citizen to know the right
to receive information. Regarding matter of public concern.

Under the freedom of speech and expression and expression, there is no separate guarantee of
freedom of the press and the same is included in the freedom of expression, which is
conferred on all citizen (Virender Versus state of Punjab.1958 SC. 986. and Sakal Papers
Versus. Union of India A 1962 SC 305)

IV. FREEDOM OF SPEECH & EXPRESSION

In India under article 19(1) (2) of the constitution of India says that “all citizen have to right
to freedom of speech and expression” the preamble of Constitution provide s liberty to all its
citizens. Preamble of Constitution itself ensure to all citizen liberty of thought, expression,
belief, faith and worship. But it is important to note that liberty of one must not offend the
liberty of others.

© 2020. International Journal of Legal Science and Innovation [ISSN 2581-9453]

 57 International Journal of Legal Science and Innovation [Vol. 3 Iss 1; 54]

In recent judgement of Supreme Court in khushboo v. Kannaiammal upholds the right to

freedom of speech and expression. Khushboo’s right to freedom of speech was violated by
the institution of multiple criminal cases against her in various court across the country and
conquest harassment that she suffered.

V. SOME GROUNDS OF RESTRICTION OF FREEDOM OF SPEECH AND EXPRESSION

It is good that we have this right that allows us to express our thought. It is necessary to
maintain and preserve freedom of Speech and Expression but at the same time it is also
important to place some restriction because no freedom is absolute or unrestricted.

Article 19(2) the constitution of India says that the states may make laws imposing
“reasonable restriction” on the exercise of right to freedom of speech and expression “ in the
interest of public .”

1. SECURITY OF STATE

The security of the state is in the first priority. Government have the power to impose
restrictions which affect the state. The term “security” of state refers to serious form of public
disorder like - rebellion, waging war against the war, breaches of public order, riot etc.

2. DECENCY OR MORALITY

The way to express our thoughts,ideas or to say something should be decent, kind and
standard. It should not affect the morality of society as well as hurt the sentiments of other
people. Section 292 to 294 of IPC provides instance of restriction on freedom of Speech and
Expression in the interest of morality. These sections prohibit the use or exhibition of
obscene words or abusive words in public places

3. DEFAMATION

One’s freedom be it of any type must not affect the reputation of status of another person, the
right of one person should not overpass the right of another. By the right of freedom of
Speech and Expression no person is allowed to hurt the sentiment of other people. No person
is allowed to ridicule, hatered or contempt the right of other person.

4. SOVEREIGNTY AND INTEGRITY OF INDIA

The constitution has given the right of freedom of speech and expression but then also no
citizen of India is allowed to challenge the sovereignty or say something which break or
which is against the integrity of the country. The ground was added by the constitution
(sixteen amendment ) act 1963.

© 2020. International Journal of Legal Science and Innovation [ISSN 2581-9453]

 58 International Journal of Legal Science and Innovation [Vol. 3 Iss 1; 54]

Right of Freedom of Speech and Expression - A Constitutional Analysis

In the landmark case judgment of the case Maneka Gandhi Versus. Union of India AIR
1978 SC 597 .. the Supreme Court held that the freedom of Speech and Expression has no
geographical limitation and it carries with it the right of citizen to gather information and
exchange thought with others not in India but abroad also. the right of freedom of speech and
Expression is considered as natural law or common law which is not created it was a birth
right. It is one of the most important fundamental right which is important for the
development of one’s own individuality. Our Constitution is based on the principle of checks
and balance. The preamble expresses 2 idea which complement each other namely-

1. Right of the individual which correspond and coordinate to the duties of the state towards
the individual and
2. Duties of the individual towards the state which correspond to the right of the society
against the individual.

Justice U.R Krishna Iyer has observed that :-

“Right to express one’s thought is meaningless if it is not accompanied by relaxed right to

secure all information on matters of public concern from relevant public authorities. However
to insure that there is no harm in inserting the freedom of information on a specific corollary
to Article 19 of the constitution.

VI. CONCLUSION
Through this Article it can be easily concluded that right to freedom of Speech and
Expression is one of the important fundamental right. It gives us to power to put over
thought, our point, our ideas forward this fundamental right gives us immense power but not
in the case if it hurt sentiments and morality of others. From the above case law analysis it is
proved that the court has always played an important role and placed a broad interpretation
on the value and contents of art 19(1)(a). It also compromise of right to information, freedom
of press etc. the freedom is essential for the proper functioning of democratic process and is
regarded as the first condition of liberty. it is a broader concept and not only limited to
putting our views but it also includes the right to information. Everyone shall have the right
to information and everyone shall have the right to freedom of speech and expression.

*****

© 2020. International Journal of Legal Science and Innovation [ISSN 2581-9453]