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    Freedom of Speech and Expression

    Uploaded by

    Ramprakash
    freedom of expression

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    © All Rights Reserved
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    Freedom of Speech and Expression

    Uploaded by

    Ramprakash
    88 views2 pages
    freedom of expression

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    © © All Rights Reserved

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    freedom of expression

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    88 views2 pages

    Freedom of Speech and Expression

    Uploaded by

    Ramprakash
    freedom of expression

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Freedom Of Speech And Expression

    Speech is God's gift to mankind. Through speech a human being conveys his thoughts, sentiments and feeling to others.
    Freedom of speech and expression is thus a natural right, which a human being acquires on birth. It is, therefore, a basic
    right. "Everyone has the right to freedom of opinion and expression; the right includes freedom to hold opinions without
    interference and to seek and receive and impart information and ideas through any media and regardless of frontiers"
    proclaims the Universal Declaration Of Human Rights (1948). The people of India declared in the Preamble of the
    Constitution, which they gave unto themselves their resolve to secure to all the citizens liberty of thought and expression.
    This resolve is reflected in Article 19(1) (a) which is one of the Articles found in Part III of the Constitution, which
    enumerates the Fundamental Rights.
    Man as rational being desires to do many things, but in a civil society his desires have to be controlled, regulated and
    reconciled with the exercise of similar desires by other individuals. The guarantee of each of the above right is, therefore,
    restricted by the Constitution in the larger interest of the community. The right to freedom of speech and expression is
    subject to limitations imposed under Article 19(2).
    Public order as a ground of imposing restrictions was added by the Constitution (First Amendment) Act, 1951. Public
    order is something more than ordinary maintenance of law and order. Public order in the present context is synonymous
    with public peace, safety and tranquility.

    Meaning And Scope


    Article 19(1)(a) of Indian Constitution says that all citizens have the right to freedom of speech and expression. Freedom
    of Speech and expression means the right to express one's own convictions and opinions freely by words of mouth,
    writing, printing, pictures or any other mode. It thus includes the expression of one's idea through any communicable
    medium or visible representation, such as gesture, signs, and the like. This expression connotes also publication and thus
    the freedom of press is included in this category. Free propagation of ideas is the necessary objective and this may be
    done on the platform or through the press. This propagation of ideas is secured by freedom of circulation. Liberty of
    circulation is essential to that freedom as the liberty of publication. Indeed, without circulation the publication would be
    of little value. The freedom of speech and expression includes liberty to propagate not one's views only. It also includes
    the right to propagate or publish the views of other people; otherwise this freedom would not include the freedom of
    press.
    Freedom of expression has four broad special purposes to serve:
    1) It helps an individual to attain self-fulfillment.
    2) It assists in the discovery of truth.
    3) It strengthens the capacity of an individual in participating in decision-making.
    4) It provides a mechanism by which it would be possible to establish a reasonable balance between stability and social
    change.
    5) All members of society would be able to form their own beliefs and communicate them freely to others
    In sum, the fundamental principle involved here is the people's right to know. Freedom of speech and expression should,
    therefore, receive generous support from all those who believe in the participation of people in the administration. It is on
    account of this special interest which society has in the freedom of speech and expression that the approach of the

    Government should be more cautious while levying taxes on matters of concerning newspaper industry than while
    levying taxes on other matters.

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