The Scope Of Freedom Of Speech And Expression: Analysing The Right To Criticise The Abrogation Of Article 370

Siya Khanna, O.P. Jindal Global University, Sonipat

Introduction

Freedom of speech and expression is a fundamental right essential for the functioning of democratic societies, providing individuals with the liberty to express their opinions and critiques without fear of censorship or reprisal. Embedded within the legal frameworks of nations worldwide, this right serves as a cornerstone for fostering public discourse, promoting the exchange of diverse viewpoints, and holding authorities accountable.

In recent years, the boundaries of free speech have become increasingly contentious, especially when political decisions intersect with deeply ingrained beliefs and identities. One such pivotal moment unfolded with the abrogation of Article 370 of the Indian Constitution, which granted special autonomy to the state of Jammu and Kashmir. Enacted in August 2019, this constitutional amendment sparked widespread debate and elicited polarized reactions across the socio-political spectrum.

This research aims to explore the nuanced question: Does the right to criticize the abrogation of Article 370 fall within the purview of freedom of speech and expression? While Article 19(1)(a) of the Indian Constitution explicitly guarantees this right, the extent to which it encompasses criticism of constitutional amendments—particularly those with profound socio- political ramifications—remains a subject of legal and scholarly inquiry.

Through a comprehensive analysis integrating historical contexts, legal frameworks, and jurisprudential viewpoints, this paper seeks to elucidate the complex interplay between freedom of speech and the critique of constitutional changes. By delving into case law, scholarly discourse, and public opinion, this study aims to offer insights into the broader implications of safeguarding dissent in democratic societies amidst evolving constitutional landscapes. Ultimately, this exploration seeks to contribute to the ongoing dialogue surrounding the preservation and interpretation of fundamental rights in contemporary societies.