FREE SPEECH AND

CONSTITUTION
(1)

By
Dr.Ashutosh kumar Srivastava
Assistant Professor
Law Centre II
January ,2022

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 Free speech and Constituent
Assembly Debate
0n 13.Dec 1946, the constituent Assembly of
India adopted the historical Objective Resolution
The Assembly declared in resolutions its firm
determination to draw up a constitutional
guarantee to freedom of speech and expression
Cl. 5 of Resolution states –“Wherein shall be
guaranteed and secured to all the people of India
justice –social economic and political equality of
status , of opportunity and before the Law
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freedom of thought Expression belief faith and
 Free speech and Constituent
Assembly Debate
24,jan 1947 – An advisory committee was framed
in relation to Fundamental Right and allied
subjects.
On 29th August 1947 Drafting committee was
appointed to prepare a constitution in
accordance to the decisions taken by constituent
Assembly.
Discussion on demand for separate right for the
freedom of press was denied in debate.
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 Article 19
Protection of Certain rights regarding freedom of
speech, etc –
19(1) All citizen shall have right –
19(1)a- to freedom of speech & Expression
19(1)b-to assemble peaceably and without arms
19(1)c- to form association or unions
19(1)d -to move freely throughout the territory of
India
19(1)e- to reside and settle in any part of the
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 ARTICLE-19 AS AN APPRATUS TO
CONSUME FREEDOM

ARTICLE
19(2)

ARTICLE 19(1)

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 FREE SPEECH AND
COMMUNICATION
ARTICLE 19(1) ,AND 19(2)
MEDIA = FREEDOM –TOTAL=7,NOW =6
19 -ALL CITIZENS SHALL HAVE RIGHT -
19(1)A- FREEDIM OF SPEECH AND EXPRESSION
19(1)B-TO ASSEMBLE PEACEABLY AND
WITHOUT ARMS
19(1)C-TO FORM ASSOCIATION OR UNION
19(1)D-TO MOVE FREELY THROUGHOUT THE
TERRITORY OF INDIA
19(1)E-TO RESIDE AND SETTLE IN ANY PART OF
INDIA
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 ARTICLE 19(1) A
(CLASS DISCUSSION)

ALL THE CITIZENS SHALL HAVE THE RIGHT -

FREEDIM OF SPEECH AND EXPRESSION
MEDIA = AS A CITIZEN
CORPORATE
ARTIFICIAL PERSON =COMPANY
Person- natural / artificial
Indian,/ national
Know –information
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 ARTICLE 19(2)

(2) Nothing in sub clause (a) of clause ( 1 ) shall

affect the operation of any existing law, or prevent
the State from making any law, in so far as such
law imposes reasonable restrictions on the
exercise of the right conferred by the said sub
clause in the interests of the sovereignty and
integrity of India, the security of the State, friendly
relations with foreign States, public order,
decency or morality or in relation to contempt of
court, defamation or incitement to an offence
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 ARTICLE
•PUBLIC ORDER 19(2)
•SECURITY OF STATE

•FRIENDLY RELATION

•MORALITY

•CONTEMPT OF COURT

•DEFAMATION COURT

NO LAW CAN MAKE

AGAINST THE
CAN MAKE LAW ON CERTAIN GROUND FREEDOM PROVIDED

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 INCREASE TO EXPRESS TOUGHTS
OPINION =Collective opinion =Expression of
opinion
P1 =9 P2 6

2022

2016
2006
1996
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1976 10
1956
ROMESH THAPER VS. STATE OF
MADRAS, AIR 1950,SC 124 (
CROSSROAD CASE )
( class discussion )
SECURITY OF STATE- PUBLIC ORDER (use of
19(2) by state )
REFERS ONLY TO THE SERIOUS AND
AGGRAVATED FORMS OF PUBLIC DISORDER
,EXAMPLE .REBELLION ,WAGING OF WAR
AGAINST THE STATE ,INSURRECTION
19(1)A =SPEECH & EXPRESSION –FREEDOM
OF PROPOGATION OF IDEA , FREEDOM OF
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CIRCULATION
Lowel vs Griffin, 1939 , 303 US 444.
Freedom of speech & Expression serves four
special purpose
1. It helps an Individual to attain self fulfillment
2. It assist in discovery of truth.
3. It strengthen the capacity of an individual in
participating decision making
4. It provides a mechanism by which it would be
possible to establish reasonable balance
between stability and social changes
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 Dr. BR Ambedkar Explained
freedom of press
The Press has no special Right which are not to
be given to or which are not to be exercised by
citizen in his individual capacity.
The editor of press or manager are all citizen
therefore when they choose to represent any
newspaper , they are merely exercising their right
of expression and in my judgement no special
mention is necessary of the freedom of press .
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 Thank you

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