Freedom of Speech and Expression

The Constitution of India guarantees to all Indian citizens the right to express one's convictions and opinions freely. Freedom of speech and expression, which is an integral component that ensures the functioning of democracy, is a fundamental right enshrined in the Constitution of India. The mode or manner of expression could vary from speech to writing, printing, picture, electronic media or in any other manner. Electronic media would include communication through the net, a popular mode of communication in today's world of advancing technology. Freedom of expression would also include the freedom to propagate ideas, publish and circulate them and defend such ideas.

However this right, like all rights is subject to certain reasonable restrictions. The grounds on which this right could be restricted are:

1. In the interest of sovereignity and integrity: This ground was inserted as a ground by the 16th amendment to the Constitution in the year 1963, to enable India to combat cries for secession from organizations and their activities which could not be restricted otherwise.
   
   

2. In the interest of security of state: Under this ground only that expression which could give rise to serious and aggravated forms of public disorder, as distinguished from ordinary breaches of public safety or public order, can be restricted.
   
   

3. In the interest of friendly relations with foreign States: The intent behind inserting this as a ground was to prevent libels against foreign States, in the interest of maintaining friendly relations with them.
   
   

4. In the interest of public order: This ground was introduced by the first amendment to the Constitution in the year 1951. This followed the decision of the apex Court in Ramesh Thapar's case, wherein the Court had held that ordinary or local breaches of public order were not grounds for restricting freedom of expression. This was followed by several such cases in which, the Court upheld the contention that incitement to murder or promotion of disaffection among classes did not tend to affect the security of state and therefore was not punishable under the Constitution of India.
   
   

5. In the interest of decency or morality: This was engrafted as a ground to restrict speeches or publications, which tend to undermine public morals.
   
   

6. Contempt of Court: The freedom of speech and expression does not include interference with due course of justice or lowering the prestige or authority of the Court. However criticism about the judicial system or judges would be welcomed, if it does not hamper the administration of justice.
   
   

7. Defamation: Introduced as a ground as everyone also has a right to his reputation, which is regarded as property.
   
   

8. Incitement to an offence: instigating any person to commit an offence.