Philosophy Of Freedom Of Speech

"Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties". John Milton The freedom of speech is considered as the first postulate of liberty. It occupies an very important arrangement in the hierarchy of the liberty. The liberty of freedom of speech and expression means to express one’s own right in a free and unbiased manner which is important in the development of the human being as a human being. It is fairly and factually said that the freedom of speech and expression is the mother of all freedoms and liberties. In the present modern times it is extensively accepted that the right to freedom of speech and expression is the soul of free society and must be protected at all times.

While India gained independence on August 15, 1947, it was not until two-and-a-half years later -- on January 26, 1950 -- that India adopted a formal Constitution. The headline of the Hindustan Times on January 26, 1950, triumphantly announced: “Hail our sovereign republic… a day of fulfillment… good wishes from near and far…Rejoicings all over.” The day marked the end of three years of debate and drafting, and the paper’s editorial went on to say: “Today India recovers her soul after centuries of serfdom and resumes her ancient name.” The Indian Constitution was therefore seen to be both a text that expressed the hopes and aspirations to the realizations of the new nation, as well as one which was structurally designed to actualize these aspirations. The real pull was experienced in the context of three decisions which were given by the Patna High Court and Supreme Court over the interpretation as to what constituted the freedom of speech and expression and what to impose restrictions on the exercise of these rights. In Romesh Thapar V State of Madras - In this case although the restrictions which it seeks to enforce may have been conceived generally in the interests of public order. The question that therefore arose was whether Section 9 (1-A) of the Madras Maintenance of Public Order Act was saved by Article 19 (2). It follows that section 9(1-A) which authorizes imposition of restrictions for the wider purpose of securing public safety or the maintenance of public order falls outside the scope of authorized restrictions under clause (2), and is therefore void and