‘Freedom of Speech and Expression’ as a Fundamental Right in India The Constitutional Perspective N. Victoria Research Scholar Department of Law, S.P.M.V.V. Tirupati. Abstract: The concept of the freedom of speech and expression as a fundamental right guaranteed by the Constitution of India with an importance on the test of the constitutional regulation. This paper has been separated into three parts. First Importance of Freedom of Speech and Expression is the protection of democratic government.
The concept of the freedom of speech and expression as a fundamental right guaranteed by the Constitution of India with an importance on the test of the constitutional regulation. This paper has been separated into three parts. First Importance of Freedom of Speech and Expression is the protection of democratic government. This freedom is essential for the proper functioning of the democratic process. The freedom of speech and expression is regarded as the first condition of liberty.
Privacy is essential to free speech Privacy and freedom of speech are both fundamental rights recognised internationally as well as by the Indian Constitution. It is often believed that privacy is in
However, the Constitution asserts that the state should try to make sure that the radio, the press and the cinema are not used to undermine public order, morality or the authority of the state. It also states that it is an offense to publish or utter blasphemous, seditious or indecent matter. ' (Article 40.6.1,Irish Constitution, 1937) The question is how far limitations should be applied. It has been argued that it is a slippery slope and limitations lead to further restrictions and tyranny. One of the most compelling, liberal arguments for freedom of expression was made by 19th century philosopher John Stuart Mill in his book On Liberty.
Malaysia is a democratic country. As a democracy, freedom of speech is certainly among the main issues to debate the various parties in the country. Every citizen has the right to freedom of speech and expression as provided for by Article 10 (1) of the Federal Constitution. But human rights are not absolute because freedom will be blocked if it is contrary to the constitution and the law in this country. According to article 10 (1) (a) every citizen is entitled to freedom of speech and expression.
However, this right is not absolute. Article 19 (2) adds the rider that this freedom can be subjected to “reasonable restrictions… in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public
SUBJECT AREA OF STUDY: IS FREEDOM OF SPEECH LEADNG TO THE NATIONAL DISHARMONY? CENTRE NAME: DECCAN INTERNATIONAL SCHOOL CENTRE NUMBER: IN725 CANDIDATE NAME: M.S.Aprameya CANDIDATE NUMBER: 0043 Freedom of expression is a fundamental human right. It reinforces all other human rights, allowing society to develop and progress. The ability to express our opinion and speak freely is essential to bring about change in society. Freedom of speech protects everyone from all walks of life to think and express themselves freely.
The Human Rights Act 1998 protected the fundamental rights and freedoms, including some rights which are absolute that cannot be interfered with by the state, as well as other rights which governments might derogate if necessary under Section 14 of the Human Rights Act 1998 (Genn 2014, p. 19). Absolute rights are where the government can never take away or withhold these rights. For example, the right to protection of life under Article 2, the right to freedom from torture or inhuman or degrading treatment under Article 3, the right to freedom from slavery under Article 4, as well as the right to freedom from retrospective criminal liability under Article 7. Limited rights are where these rights might be limited under explicit and finite circumstances,
2. Constitutional Guarantee as to Freedom of Speech/Expression i. The Constitution of Pakistan upholds the fundamentals for a vibrant democracy and guarantees freedom of expression and the basic premise for media freedom. It is pleasantly surprising that the Constitution of Pakistan also provides Freedom of Speech/Expression under Article 19 as provided in the UDHR under its Article 19 which reads as follows: “Article: 19 Freedom of speech, etc. Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, [commission of] or incitement to an offence.” “ [Article: 19-A.
Article 21 of the Indian Constitution provides that none shall be deprived of his life or personal liberty except according to the procedure established by law. The right to life guaranteed by the Constitution is not merely a fundamental right, but is a basic human right. The fundamental rights are mostly of individual character and meant to protect individuals against arbitrary state action. Several of these fundamental rights are ordinarily capable of enjoyment only by persons who are already free from want and necessity. Thus, economic and social freedom is necessary in addition to political freedom.