Short Essay On Freedom Of Speech And Expression

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‘Freedom of Speech and Expression’ as one of the Fundamental Right in India
The Constitutional Perspective

N. Victoria
Research Scholar Department of Law, S.P.M.V.V. Tirupati.

Abstract:

The focus of this article is the concept of the freedom of speech and expression as a fundamental right which is enshrined in the Constitution of India and guaranteed in it along with the constitutional regulations that are reasonable and are imposed by the Constitution itself for the welfare of the country as a whole. This paper has been compartmentalized into three parts. The first part is an elaborate narrative on the importance of freedom of speech and expression in the context of the liberal view and for the protection of democratic government. This freedom, as the narrative progresses, can be perceived to be immensely essential for the proper functioning of the democratic process. The freedom of speech and …show more content…

Lowell v. Griffin, (1939) 303 US 444.
2. Soli. J. Sorabjee, “Freedom of Expression in India”, Law and Justice, 47 (1996), p. 3.
3. Part III of the Constitution of India deals with the Fundamental Rights.

(i) The restriction must have the sanction of law. Mere executive or administrative actions without the sanction of law cannot curtail or fetter freedom of expression
(ii) (ii) The law which is made to contain the Freedom of expression must come within the purview of one or more heads of restrictions which are specified in Article 19(2). Restriction on freedom of expression, unlike in the case of fundamental rights like freedom of trade and business, cannot be imposed on such omnibus grounds as “ in the interest of the general public”
(iii) (iii) The restriction must be sensible, rational and reasonable. It must not be excessive, imprudent or disproportionate. The procedure and the manner in which the imposition of the restriction is made must also be just, fair and reasonable.5

Importance of Freedom of Speech and

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