Rupesh Kumar Singh, Dept. of Law, Aligarh Muslim University
ABSTRACT
Right to freedom of speech and expression is one of the most cherished rights and sacrosanct in nature. It is regarded as first condition of liberty and backbone of robust and vibrant democracy. It includes freedom to hold opinions and convictions regardless of any interference and to seek, receive or impart any information and ideas through any medium. It not only includes liberty to propagate one’s views but also liberty to propagate or publish the views of others. However, every right brings with it some responsibilities so that, it may not jeopardise the liberty of others. The State is empowered, by making laws, to impose restrictions and limitations where it is expedient in larger interests of the public. It is necessary that such restrictions should qualify ‘reasonableness’ i.e. they should not be arbitrary and excessive. Any provision which causes or compels the people to self-censor their ideas and opinions because of fear of invocation of sanction produces a ‘chilling effect’ in the minds of people while exercising their right of freedom of speech and expression. Thus, each restriction upon the freedom of speech should be scrutinized in order to avoid unnecessary restrictions.
Keywords: freedom of speech, chilling effect, reasonable restrictions, public order, sedition.
