Author : Sanika Bhoite, PES Modern Law College, Pune
To the Point
Freedom of speech is the essence of democracy.
— Dr. Babasaheb Ambedkar
India is a country of diverse cultures, religions, and languages. It is known as a democratic country—**a system where the government is of the people, by the people, and for the people.** Every citizen enjoys the freedom of speech and expression, equality before the law, and equal protection of the law.
“वाचं ब्रूयात् सदा स्निग्धां प्रियम् हितमथापि वा।”
This means: *“One should always speak words that are gentle, pleasant, and beneficial.”*
Citizens have the right to choose their leaders, and democracy is the core value of the Preamble.
Under this freedom, citizens enjoy various rights like:
Where every citizen express his/ her thoughts, ideas, and opinion, they have right to choose their leader.
Under Freedom of speech there are rights which is given by constitution to us like right to remain silent,right to information, Right to open discussion.
During the pre-independence era, freedom of speech was not a legal right and no constitutional provision existed for its protection. The British press laws were meant to control Indian newspapers and suppress anti-British sentiments.
Newspapers like Kesari ,The Hindu, Amrita Bazar Patrika, and Young India played a crucial role in awakening nationalism and spreading political awareness among the youth.
In response, the British Government imposed strict censorship, bans, and made several arrests.
Use of Legal Jargon
Part III of the Indian Constitution, specifically Article 19(1)(a), provides the freedom of speech and expression with reasonable restrictions to maintain a balance between individual liberty and public order and morality.
This means that An individual has limit in certain cases on his her freedom of speech like No speech that harms India’s unity (it was added by 16 th amendment 1963),
No speech should harm diplomatic relations ,A person must not incite riots, violence, or unlawful assemblies.
There should be no obscenity or vulgarity in public expression.
One cannot lower the authority of the courts.
No citizen should make false statements that harm another person’s reputation.
Speech must not encourage others to commit crimes.
Articles 14, 19, and 21 together form the Golden Triangle of the Indian Constitution.
However, during a National Emergency, citizens cannot claim rights under Article 19.
Violation of Article 19
For the violation of Article 19, an individual can file a writ petition in the Supreme Court under Article 32 or in the High Court under Article 226 of the Indian Constitution for the enforcement of fundamental rights.
These provisions help in the enforcement of fundamental rights.
The Proof
Without Article 19, democracy would be silent. With it, the people speak.
Freedom of speech is a basic fundamental right. Without it, an individual cannot live freely in a democratic society.
It enables individuals to engage in free expression and public debate, hold the government accountable for its actions, allow peaceful protest and dissent, and give rise to new political thoughts and reforms.
Abstract
Our Indian Constitution has inspired many others around the world. The right to freedom of speech was adopted from the Constitution of the United States. It gives rise to new ideas, open discussions, and the right to practice any religion.
That is why **Article 19(1)(a) is rightly called the “voice of democracy” in India.
Case Laws
1. Romesh Thappar v. State of Madras (1950)**
The Madras government banned the magazine Crossroads, edited by Romesh Thappar, under the Public Safety Act.
The Supreme Court held that freedom of speech and expression is the foundation of all democratic organisations.
2. S. Rangarajan v. P. Jagjivan Ram (1989)**
A Tamil film was denied screening for allegedly criticizing caste-based reservations and possibly causing unrest.
The Supreme Court ruled that
‘’ freedom of expression cannot be suppressed unless there is a real and imminent threat to public order, and allowed the film’s release’’.
3. Indian Express Newspapers v. Union of India (1985)
The Government of India increased the import duty on newsprint. Indian newspapers challenged this, stating it would make publishing expensive and affect **freedom of the press.
* Conclusion
In India, citizens receive this fundamental right by birth. A nation can progress and remain truly independent only when every individual is free to express their opinion without fear and to think without limitations.
FAQS
1)How does freedom of speech support other rights?
Freedom of speech is closely connected with other fundamental rights. It supports freedom of religion, freedom of association, right to education, and right to information. For example, a person can express their religious beliefs or raise awareness about educational or social issues only if they have the liberty to speak openly. Therefore, freedom of speech acts as a foundation for other rights, enabling individuals to lead a dignified and informed life.
2)How is freedom of speech important for a common citizen?
For an ordinary citizen, this right is essential for self-expression, awareness, and social participation. It allows people to share their opinions on matters that affect their lives, discuss public policies, join campaigns, or protest peacefully. This right also helps them fight injustice, raise their voices against wrongdoings, and demand accountability from public authorities. It is through free expression that citizens become active participants in democracy.
3) Can the right of freedom of speech be suspended during emergencies?
During a National Emergency, especially in cases of war or external aggression, Article 19 can be suspended under Article 358. This means that for the duration of the emergency, citizens may not be able to claim protection under Article 19. The aim is to protect national security and public safety during extraordinary situations. However, such suspensions are temporary and monitored to avoid misuse.
4)H ow does this right apply in the digital age?
In today’s world, people use digital platforms like social media, blogs, and video-sharing sites to express themselves. The right to freedom of speech extends to the internet, allowing people to share opinions with a wider audience. However, online speech must also follow the same constitutional limits. Misuse of digital freedom—for example, spreading false information or using abusive language—can lead to legal action. Thus, while the internet gives voice to millions, it also demands responsibility and respect for others’ rights.
5) What can a person do if their right to free speech is violated?
Answer: If a citizen believes their right to freedom of speech is being unfairly restricted, they can approach the High Court under Article 226 or the Supreme Court under Article 32 by filing a writ petition. The courts have the power to enforce fundamental rights and ensure that the restriction is lawful and justified. These remedies are provided to protect individuals against arbitrary actions by the state or any authority.
6) Why is freedom of speech called the ‘voice of democracy’?
Answer: In a democratic country, the power lies with the people. The right to freedom of speech ensures that citizens can openly express their concerns, question government decisions, and participate in governance through dialogue and debate. This constant interaction between the public and the state keeps democracy alive. If people are silenced, democracy loses its essence. That is why this right is often referred to as the voice of democracy, as it allows the public to influence laws, policies, and leadership through communication.
