Balancing Liberty & Restriction: Constitutional Evolution Of Free Speech In India
- IJLLR Journal
- Nov 16
- 1 min read
Kishore Kulkarni, B.A. LL.B., Sri Jagadguru Renukacharya College of Law, Bangalore*
“To say that restraints on freedom of speech and expression are permissible under our constitution is not to say that any particular restraint is desirable or ought to be imposed”
-H.M. Seervai
Throughout India’s freedom struggle there was a persistent demand for a written Bill of Rights for the people of India which included guarantee of free speech. Understandably, the Founding Fathers of the Indian Constitution attached great importance to freedom of speech and expression. Their experience of waves of repressive measures during British rule convinced them of the immense value of this right in the sovereign democratic republic which India was to under its Constitution.
The free speech provision, in the setting of the other Fundamental Rights, is designed to afford the people of India the kind and measure of liberty available to the individual in the- United Kingdom or in the United States. The Indian Constitution does, indeed, depart from the American and British systems in major points of form, technique, and method-even as these two differ from each other.2 The significance of freedom of speech in a democratic society cannot be overstated. It enables the free flow of information, encourages the exchange of ideas, promotes transparency and accountability, and fosters an inclusive and tolerant society. Freedom of speech acts as a vital safeguard against authoritarianism, ensuring that the voices of the people are heard, and governments are held accountable for their actions.
