The document lists several court cases related to freedom of speech and expression under the Indian Constitution. Key cases discussed include Avtar Bhogal Singh v. Ministry of Information and Broadcasting, which established the requirement for a post-decisional hearing when prior hearing is not possible for suspension orders. Maneka Gandhi v. Union of India also justified post-decisional hearings if pre-decisional hearings are not feasible. The document discusses cases related to restrictions on speech, films, and media under Article 19 of the Constitution.
The document lists several court cases related to freedom of speech and expression under the Indian Constitution. Key cases discussed include Avtar Bhogal Singh v. Ministry of Information and Broadcasting, which established the requirement for a post-decisional hearing when prior hearing is not possible for suspension orders. Maneka Gandhi v. Union of India also justified post-decisional hearings if pre-decisional hearings are not feasible. The document discusses cases related to restrictions on speech, films, and media under Article 19 of the Constitution.
The document lists several court cases related to freedom of speech and expression under the Indian Constitution. Key cases discussed include Avtar Bhogal Singh v. Ministry of Information and Broadcasting, which established the requirement for a post-decisional hearing when prior hearing is not possible for suspension orders. Maneka Gandhi v. Union of India also justified post-decisional hearings if pre-decisional hearings are not feasible. The document discusses cases related to restrictions on speech, films, and media under Article 19 of the Constitution.
Avtar Bhogal Singh and Another v. The Joint Secretary, Ministry Of
Information And Broadcasting Government Of India(if due to urgency and emergency no prior hearing can be granted to the party affected before passing of order of suspension of exhibition of film, at least the post-decisional hearing must be offered to the parties affected without any delay.”)( natural justice is essential to implementing suspension order under Section 6(2) of the said act) Maneka Gandhi v. Union of India (held that that a fair opportunity of being heard following immediately the order impounding the passport would satisfy the mandate of natural justice)(Justifying post decisional hearing if not feasible to conduct pre-decisional hearing) H.L.Treahan v. Union of India ( Condition justifying post decisional hearing ) S. Rangarajan v. P. Jagjivan Ram, (the Supreme Court held that speech that has the potential to create public disorder or disturbance of public peace is not protected by the freedom of speech and expression.) K.I. Shephard v. Union of India(Post Decisional Hearing not a substitute for pre-decisional hearing) Sony Pictures v. The State(Hearing of greviances of sect alleged to be ‘offended’) Tata Press Ltd. v. Mahanagar Telephone Nigam Ltd(companies have right to carry business under Article 19of constitution) Indian Express Newspapers v. Union of India(Article 19(1)(a) applies to companies and also extends to corporations, including newspapers and other media companies.) Pushpa Iyer v. Registrar of Newspapers for India, (the Supreme Court has held that the State can only impose reasonable restrictions on the exhibition of films on the grounds specified in Article 19(2) of the Constitution and cannot ban the exhibition of films outright) Kishore Singh Raghuvanshi v. Union of India(estrictions cannot be imposed on a mere probability a film can cause disharmony among different religious groups and hamper the sovereignty and integrity of India) Ghosh v. Avijit(the honourable high court of Calcutta has held that artistic expression cannot be curtailed on the ground of offending the decency or morality of society. Hence infringement of decency and morality is not a valid ground for the decision of govt.) Kamal Haasan v. State of Tamil Nadu(No doubt, for maintaining law and order, the authority competent is entitled to pass an order, but that does not mean that a section of society can curtail the fundamental rights of a citizen)