Analyzing The Ambit Of 'Reasonable Restrictions': A Study Of Hate Speech, Defamation, And Contempt Of Court Under Article 19(1) (A) And Article 19(2) Of The Indian Constitution
- IJLLR Journal
- Feb 22
- 1 min read
Nishu Singh, Bundelkhand University, Jhansi
ABSTRACT
Article 19(1) (a) of the freedom of speech and expression is the basis of the democratic setup in India and citizens are allowed to engage in the discourse and governance of the nation. The freedom is however limited under Article 19(2), which has brought in the constrained limits of reasonableness, to protect other conflicting constitutional interests like the public order and reputation, and the judicial power. The paper is a consideration of the extent of these restrictions with special attention on hate speech, defamation and contempt of court. The study examines how Indian courts have balanced individual liberty, societal and institutional issues through the provisions of the constitution and interpretation by the courts. It claims that despite judicial scrutiny not precluding utterance of speech, discrepancies remain in the enforcement of the measures of reasonableness and proportionality. There should be a consistent approach to the constitution, however, which should keep restrictions reasonable, limited, and democratic.
Keywords: The Freedom of Speech and Expression, Reasonable Restrictions, Article 19(1) (a), Article 19(2), Hate Speech, Defamation, Contempt of Court, Constitutional Balance, Judicial Review.
