Freedom Of Speech And Reasonable Restrictions Under Article 19 Of The Constitution Of India
Avni Chaudhary, Amity Law School, Amity University
ABSTRACT
Free speech is the lifeblood of a democracy, yet no constitutional guarantee is unconditional. This paper examines the interplay between Article 19(1)(a) of the Constitution of India, which guarantees the fundamental right to freedom of speech and expression, and Article 19(2), which permits the State to impose reasonable restrictions on eight specified grounds. This paper looks at the development of free speech jurisprudence from Romesh Thappar v. State of Madras to Anuradha Bhasin v. Union of India, considering how courts have managed the tension between individual liberty and collective interests such as public order, State security, decency and contempt of court. It also considers the ongoing debate over sedition under section 124A of the Indian Penal Code, the gap in India’s hate speech law that remains to be filled, and the new issues presented by the shutdowns of the internet, rules on intermediary liability and the proliferation of misinformation in the digital era. The paper concludes that while India possesses a rich and evolving free speech jurisprudence, its enforcement on the ground remains uneven, and that safeguarding Article 19(1)(a) in the years ahead will require independent courts, a free press, and an educated, engaged citizenry.
Keywords: Article 19, Freedom of Speech, Reasonable Restrictions, Sedition, Hate Speech, Digital Age.
