The document discusses India's constitutional right to freedom, specifically focusing on freedom of speech and expression [Article 19(1)(a)] and freedom of the press. It notes that while freedom of press is not expressly mentioned, the phrase "speech and expression" is interpreted to include freedom of the press. It also discusses whether the press should be considered a citizen given this right is afforded to individuals, not corporations. Finally, it states that the Supreme Court has settled that freedom of speech and expression includes freedom of the press and circulation without prior permission, unless justified under exceptions in Article 19(2).
The document discusses India's constitutional right to freedom, specifically focusing on freedom of speech and expression [Article 19(1)(a)] and freedom of the press. It notes that while freedom of press is not expressly mentioned, the phrase "speech and expression" is interpreted to include freedom of the press. It also discusses whether the press should be considered a citizen given this right is afforded to individuals, not corporations. Finally, it states that the Supreme Court has settled that freedom of speech and expression includes freedom of the press and circulation without prior permission, unless justified under exceptions in Article 19(2).
The document discusses India's constitutional right to freedom, specifically focusing on freedom of speech and expression [Article 19(1)(a)] and freedom of the press. It notes that while freedom of press is not expressly mentioned, the phrase "speech and expression" is interpreted to include freedom of the press. It also discusses whether the press should be considered a citizen given this right is afforded to individuals, not corporations. Finally, it states that the Supreme Court has settled that freedom of speech and expression includes freedom of the press and circulation without prior permission, unless justified under exceptions in Article 19(2).
Fundamental • Right to Freedom of religion (Ar t 25-28)
Rights • Cultural and educational rights (Art 29-
30)
• Right to Constitutional remedies(Article
32) • right to freedom of speech and expression,
• right to assemble peacefully and without
arms,
Right to • freedom to form associations and unions,
• right to move freely throughout the
freedom territor y of India,
• right to reside and settle in any par t of
the territor y of India and
• right to practice any profession or to carry
on any occupation, trade or business Ar t ic l e 1 9 (1 )(a ) o f the Co ns ti tut io n o f Ind ia g ua ra nte es t he fre ed o m o f sp ee ch a nd exp re ss i o n b ut no t e xpres sl y inc lud ed the fre ed o m o f pres s. The p hra s e ‘s pe ec h and e xp res si o n’ i s o f ver y wi de c o nno ta t io n, ‘exp re ss i o n’ nat ural l y p re sup po se s a s ec o nd p ar ty to who m t he i de as
Freedom of a re exp ress ed o r c o m munic a ted . But it i s im pl i ed
t ha t fre ed o m o f sp ee ch a nd exp re ss i o n inc lud es fre ed o m o f pres s al s o. T he fre ed o m o f expre ss io n, Press t hus , inc lud es t he freed o m to pro p ag a te o ne’s o w n v ie ws and t he v i e ws o f o t he rs a nd free do m to co mm uni c ate v i ew s to o the rs . Tha t fre ed o m i s ens ure d by free do m o f t hei r pub li c at io n and c ircul a ti o n. In s ho r t , t he freed o m o f s pe ec h a nd exp re s si o n i nc l ude s the li be r ty o f t he p re ss Ar ticle 19(1)(a) of the Constitution guarantees freedom of speech and expression only to human beings who are
Whether citizens and non-citizen nationals and
foreigners do not enjoy this right. Rather
Press is juristic persons, corporations, societies,
associations are not citizens. This right is available to natural human beings having Citizen citizenship of India. Whereas, Article 19(1)(a) gives freedom to press on the plea that press is constituted of citizens Although Article 19(1)(a) does not mentioned the freedom of the press, it is the settled view of the Supreme Cour t that freedom of speech and expression also includes freedom of the press and circulation, i.e. the right to print and Continue.. publish what one pleases, without any previous permission. Therefore, the imposition of pre-censorship on publication is violative of the freedom of the press, unless justifi ed under clause (2) of Ar ticle 19.