Freedom of speech and expression is a hotly debated topic. This is a misconception that freedom of speech is absolute. But the answer is no as there is no such thing as absolute free speech. There is always a line that must not be crossed.
Even Supreme Court has said that it is not absolute:
On May 2015, a bench of Justices Dipak Misra and P C Pant said the fundamental right to speech and expression, as envisaged under Article 19 (1) (a) of the Constitution cannot be given absolute.
In their judgment they said that though the freedom of speech and expression provided in constitution under the fundamental rights has to be given a broad canvas but it is also subject to inherent limitations within the constitutional parameters.
Let’s have a look at article 19(1) in The Constitution Of India 1949
1. All citizens shall have the right
– To freedom of speech and expression
– To assemble peaceably and without arms
– To form associations or unions
– To move freely throughout the territory of India
– To reside and settle in any part of the territory of India and
– To practise any profession, or to carry on any occupation, trade or business
Grounds Of Restrictions, Article 19(2) in the constitution of India 1949
Clause (2) of Article 19 contains the grounds on which restrictions on the freedom of speech & expression can be imposed. These genuine restrictions are in the interest of-
- Sovereignty and integrity of Nation.
- Security of state (Cannot publish sensitive data)
- Public order (no hate speech allowed)
- Friendly relation with state
- Contempt of court
- Decency morality
Our court has always placed a broad interpretation on the value and content of Article 19(1)(a), making it subjective only to the restrictions permissible under Article 19(2).