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The Constitutionality Of Dissent: An Essay On Article 19(2)

Mehar Bedi & Millia Dasgupta, O.P. Jindal Global University

Without dissent, there is no democracy. Article 19 tries to ensure our right to dissent by granting us the freedom of speech. But due to certain nuances in the article itself, it fails to reach its goal. In this essay, we critique Article 19(2) through the lens of contempt of court and sedition laws.

Contempt of Court

Article 19(2) grants an exception to the State, “Nothing shall prevent the state from making any law, in so far as such law imposes reasonable restrictions on the exercise of the rights conferred by Article 19 (1) (a) in relation to contempt of court.”1 Articles 129 and 215 give the courts this power of contempt. The basic essence of the term ‘contempt of court’ is anything that provides hindrance with the administration of law in a judicial proceeding. Lord Denning expands on the meaning of this concept in the Morris v Crown Office.

“Of all the places where law and order should be maintained, it is here in these courts. Those who strike at the courts of justice, strike at the very foundations of our society. To maintain law and order, the judges have, and must have, power at once to deal with those who offend against it.”


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878


Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.


The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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