Freedom Of Speech And Religion: Balancing Rights In A Diverse Democracy
- IJLLR Journal
- 5 days ago
- 1 min read
Simran Mishra, KIIT School of Law
ABSTRACT
Liberty, equality, and fraternity remain enshrined in India's Constitution as guiding principles of plural democracy. The freedom of speech and expression under Article 19(1)(a) and the freedom of religion under Article 25 remain two of its most important guarantees, two pillars which sustain democratic diversity but usually exist in delicate tension. Debates relating to hate speech, artistic freedom, and religious sensitivity have once again triggered debates on how these rights could harmoniously be balanced in recent years. The essay explores constitutional and judicial approaches toward reconciling these freedoms, critically assessing landmark decisions such as Bijoe Emmanuel v. State of Kerala, S. Rangarajan v. P. Jagjivan Ram, and other relevant precedents. It argues that while restrictions concerning public order and religious harmony are imperative, overbroad restrictions on free expression erode the democratic ethos of the Constitution. Inspired by the doctrine of constitutional morality and the principle of proportionality, the paper argues for a rights-based approach that invites tolerance, dialogue, and respect for diversity. And finally, it concludes that a commitment to constitutional values in plural societies requires reiterating liberty as the foundation of peaceful coexistence and inclusive democracy.
Keywords: Constitutional Values, Fundamental Rights, Freedom of Speech, Freedom of Religion, Secularism, Democratic Pluralism, Judicial Interpretation, Constitutional Morality, Proportionality, Article 19, and Article 25.
