INTRODUCTION:

History
The laws related to media in India have emerged in due course of time in a
drastic manner. However, there was no press regulation until the British East
India Company started ruling a part of India after the Battle of Plassey in 1757.
When newspapers in India were published by only Europeans expulsion of the
editor (printer) was ultimate penalty. The James Augustus Hickey in 1780
started The Bengal Gazette or Calcutta General Advertiser, the first newspaper
in India. It was seized in 1872 because of its outspoken criticism of the
Government. Like censorship, licensing was also a European institution to
control the press. It was introduced in Bengal in 1823 through Adam’s
regulations. The East India Company also issued instruction that no servant of
the company should have any connection with a newspaper. Licensing
regulations were replaced by Metcalfe’ Act which was applicable to entire
territory of the East India Company and required that the printer and publisher
of every newspaper declare the location of the premises of its publication.
Licensing was, however, reintroduced in 1857 by Lord Canning and was
applied to all kinds of publications. In 1860 Indian Penal Code was passed as a
general law but laid down offences which any writer, editor or publisher must
avoid - the offences of defamation and obscenity.

Interpretation Of Media Law In India

Media Laws does not refer to a uniform body of law but is rather a collection of
a variety of laws and ethical standards that influence the work of the media.
Also, different forms of media are subject to different regulations. Nevertheless,
there are universal rules that need to be respected by all journalists when
practicing their profession. Only when journalists adhere to the generally
accepted legal and ethical principles of their profession can they fulfil their
main function in a democratic society: serving the public interest. Never before
has mass communication been so pervasive in our everyday life. Thanks to
social media, anyone with internet access can take on the role of a publisher,
potentially spreading their message to an audience of millions with just the click
of a mouse. That enormous potential comes at a high cost: today it is easier than
ever to spread lies about people and destroy their reputation in just a few
minutes. For this reason, it is vital not only for journalists but also for the
general public to have a basic knowledge of media law and ethics, in order to
act responsibly and ethically when disseminating content to a mass audience.

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Role Of Mass Media In A Democratic Society
Social and political life as we know it would be impossible without the
existence of mass media. They are often recognized as the “fourth power”,
alongside the legislative, executive and judicial branches of government. Their
role is not solely confined to the reproduction of facts. The mass media also
communicates political, social, ethical, cultural and other ideas, and thereby
makes an important contribution to the formation of public opinion. Media law
is a branch of law that consists of a system of legal norms that regulate the
activities of the mass media. It examines the limits within which media outlets
and journalists can operate. Media law, on the one hand, regulates the principles
of the dissemination of media products, and, on the other hand, it can affect the
format and content of media products. Some regulations apply only to specific
types of media. For example, there are broadcasting laws that apply only to the
activities of broadcast media. More general legal provisions are to be respected
by all media.
The law relating to mass media does not constitute a single field of law but is
rather comprised of a diverse set of laws and provisions that are scattered across
the entire legal framework. The foundations of the principles of media law can
be found in the constitutions of many countries, specific national legislation, as
well as international conventions and acts dealing with this subject.

Various types of Laws are as follows based upon the nature of cases :
 Constitutional Law

Protection of the freedom of expression, freedom of the press and, in some

cases, the right of access to information are guaranteed in the national
constitutions of EU Member States. Also, the prohibition against the censorship
of the media and the right of access to information is enshrined in constitutional
law. General provisions related to the licensing of broadcast media are also
subject to constitutional provisions.
 Criminal Law

Criminal law regulates criminal acts and their consequences and, therefore, the
relationship between individuals and the state. Some violations brought by the
media or individual journalists can be subject to criminal prosecutions, for
example, libel or slander, defamation of business reputation, insult, incitement
to racial or religious hatred, etc.
 Civil Law

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Civil law regulates interactions between individual legal subjects, including
both natural persons and legal persons. Civil cases related to the media and
journalism can involve liability in relation to the damage of honour or civil
reputation, copyright issues, right to one’s own image, etc. Freedom of
expression is the ability to hold and openly express one’s opinions or ideas
without fear of censorship or government interference. The right to freedom of
expression is not limited to verbal communication but also includes the ability
to express one’s views through published articles, books or leaflets, television
or radio broadcasting, works of art, the Internet and social media. It also
includes the right to receive information through various communication
channels.

THE INDIAN CONSTITUTION

You may have come across the term constitution quite often. It is used in
various contexts such as Constitution of a State or a Nation, Constitution of an
Association or Union, Constitution of a Sports Club, Constitution of a non-
governmental organization (NGO), Constitution of a company and so on. Does
this term mean the same in all these contexts?
No, it is not so. As used commonly, Constitution is a set of rules, generally
written, which defines and regulates the structure and functioning of an
organization, institution or a company. But when it is used in the context of a
State or a Nation, Constitution means a set of fundamental principles, basic
rules and established precedents (means standards/instances).

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The Constitution of a country is the fundamental law of that country and it
reflects the fundamental principles on which the government of that
country is based.
In India, the Constitution identifies, defines and regulates various aspects of the
State and the structure, powers and functions of the major institutions under the
three organs of the Government – the Executive, the Legislature and the
Judiciary. It also provides for rights and freedoms of citizens and explains the
relationships between individual citizen and the State and government.

DID YOU KNOW ?

The Constituent Assembly began to prepare the Constitution on 9 December,

1946. Dr. Rajendra Prasad was elected as its President on 11 December, 1946.
Dr. Baba Saheb Bhimrao Ambedkar was the Chairman of the Drafting
Committee. The Constituent Assembly met for 166 days, spread over a period
of 2 years, 11 months and 18 days. The making of the Constitution was
completed on 26 November, 1949 when the Constituent Assembly adopted
the Draft Constitution of India.

FEATURES/ CHARACTERISTICS OF INDIAN CONSTITUTION:

Our Constitution is not just a mere set of fundamental laws that forms the basis
of governance of our country, but it embodies and reflects certain basic values,
philosophy and objectives that were held as very important to the framers of our
Constitution. These values do find expression in various articles and provisions
of our Constitution and mostly, the Preamble to our Constitution embodies the
fundamental values and the philosophy on which the Constitution is based.
The preamble provides a key to unlock and explore the spirit of our
Constitution. Without it, a proper appreciation of the objectives and values that
find place in our Constitution seems a remote possibility. Therefore, it is
essential to turn to the various expressions contained in the Preamble for a
better understanding and interpretation of the Indian Constitution.

 HISTORY OF THE PREAMBLE TO INDIAN CONSTITUTION

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 The ideals behind the Preamble to India’s Constitution were laid down
by Jawaharlal Nehru’s Objectives Resolution, adopted by the
Constituent Assembly on January 22, 1947.
 Although not enforceable in court, the Preamble states the objectives of
the Constitution, and acts as an aid during the interpretation of Articles
when language is found ambiguous.
Components of Preamble
 It is indicated by the Preamble that the source of authority of the
Constitution lies with the people of India.
 Preamble declares India to be a sovereign, socialist, secular and
democratic republic.
 The objectives stated by the Preamble are to secure justice, liberty,
equality to all citizens and promote fraternity to maintain unity and
integrity of the nation.
 The date is mentioned in the preamble when it was adopted i.e. November
26, 1949.
Key words in the Preamble
 We, the people of India: It indicates the ultimate sovereignty of the
people of India. Sovereignty means the independent authority of the State,
not being subject to the control of any other State or external power.
 Sovereign: The term means that India has its own independent authority
and it is not a dominion of any other external power. In the country, the
legislature has the power to make laws which are subject to certain
limitations.
 Socialist: The term means the achievement of socialist ends through
democratic means. It holds faith in a mixed economy where both private
and public sectors co-exist side by side. (It was added in the Preamble by
42nd Amendment, 1976.)
 Secular: The term means that all the religions in India get equal respect,
protection and support from the state. (It was incorporated in the Preamble
by 42nd Constitutional Amendment, 1976.)
 Democratic: The term implies that the Constitution of India has an
established form of Constitution which gets its authority from the will of
the people expressed in an election.
 Republic: The term indicates that the head of the state is elected by the
people. In India, the President of India is the elected head of the state.

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OBJECTIVES OF THE INDIAN CONSTITUTION:
 The Constitution is the supreme law and it helps to maintain integrity in
the society and to promote unity among the citizens to build a great
nation.
 The main objective of the Indian Constitution is to promote harmony
throughout the nation.

1. The bulkiest constitution of the world:

The Indian constitution is one of the bulkiest constitution of the world,

comprising of 395 articles, 22 parts and 12 schedules. So far the constitution
underwent 100 amendments (28 May, 2015).

2. Rigidity and flexibility

The Indian constitution is combination of rigidity and flexibility, which
means some parts of it can be amended by the Parliament by a simple
majority, whereas some parts require a two-third majority as well as not
less than one-half of the state legislatures.

3. Parliamentary system of government

The Indian constitution provides for a parliamentary system of

government, i.e., the real executive power rests with the council of ministers
and the President is only a nominal ruler (Article 74).

4. Federal system with a unitary bias

The Indian constitution described India as a 'Union of States' (Article 1),

which implies that Indian federation is not the result of any agreement among
the units and the units cannot secede from it.

5. Fundamental rights and fundamental duties

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 The Indian constitution provides an elaborate list of Fundamental
Rights to the citizens of India, which cannot be taken away or abridged by
any law made by the states (Article 12–35). Similarly, the constitution
also provides a list of 11 duties of the citizens, known as
the Fundamental Duties (Article 51A).

6. Directive principles of state policy

The Indian constitution mentions certain Directive Principles of State

Policy (Article 36–51) which that government has to keep in mind while
formulating new policy.

7. Secularism

The constitution makes India a secular state by detaching from religious

dogmas (Forty-second Amendment).

8. Independent judiciary

The constitution provides an independent judiciary (Article 76) which

ensures that the government is carried on in accordance with the provisions of
the constitution and acts as a guardian of the liberties and fundamental rights
of the citizens.

9. Single citizenship

The Constitution of India identifies only single citizenship. In the United

States, there is provision of dual citizenship. In India, people are citizens of
India only, not of the respective states to which they belong. This provision
helps to promote harmony and integrity within the nation. (Article 5–11).

10.Bicameral legislatures

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 The Indian constitution provides a bicameral legislature at centre consisting
of Rajya Sabha (Council of States) and Lok Sabha (House of the
People) (Article 79).

11. Emergency powers

The constitution vests extraordinary powers, known as Emergency

Powers in the President during emergencies out of armed rebellion or
external aggression or due to failure of constitutional machinery in the state
(Article 352–360).

12.Special provisions for minorities

The constitution makes special provisions for minorities, scheduled castes,

Scheduled Tribes, etc. by granting them certain special rights and provisions.

On January 26, 1950, the Constitution of India came into force and became
the law of the land. This day is commemorated as Republic Day. 

Indian constitution is the most unique and the longest written constitution in
the world which originally had 395 articles, divided into 22 parts and 8
schedules. At present, our constitution contains 448 articles, with 12
schedules.

The Indian Constitution is drawn from constitutions of various nations such

as England, USA, France, the USSR, South Africa etc. 

According to Article 368 of the constitution, the Parliament can make

amendments to the constitution as per the needs. However, the Apex Court
held that except the basic structure every part of the constitution can be
modified. Any old or new law violating the basic structure of the constitution
is unconstitutional and will be invalidated by the courts.

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 Constitution Day (National Law Day), also known as Samvidhan Divas, is
observed on November 26 every year to commemorate the Constitution of
India. 
Previously celebrated as Law Day, November 26 was declared as Constitution
Day by prime minister Narendra Modi on October 11, 2015 while laying the
foundation stone of the B. R. Ambedkar’s Statue of Equality memorial
in Mumbai. The year 2015 marked the 125th birth anniversary of Ambedkar –
the father of the Indian Constitution.

FUNDAMENTAL RIGHTS:
Fundamental rights are the basic human rights enshrined in the Constitution of
India which are guaranteed to all citizens. They are applied without
discrimination on the basis of race, religion, gender, etc.
Significantly, fundamental rights are enforceable by the courts, subject to
certain conditions.
Why are they called Fundamental Rights?
These rights are called fundamental rights because of two reasons:

1. They are enshrined in the Constitution which guarantees them

2. They are justiciable (enforceable by courts). In case of a violation, a
person can approach a court of law.

List of Fundamental Rights:

There are six fundamental rights of Indian Constitution along with the
constitutional articles related to them are mentioned below:

1. Right to Equality (Article 14-18)

2. Right to Freedom (Article 19-22)
3. Right against Exploitation (Article 23-24)
4. Right to Freedom of Religion (Article 25-28)
5. Cultural and Educational Rights (Article 29-30)
6. Right to Constitutional Remedies (Article 32)

The 44th Amendment Act of 1979 guarantees Indian citizens six fundamental

rights which are Right to Equality, Right to Freedom, Right to freedom of
Religion, Cultural and Educational Rights, Right against Exploitation and Right
to Constitutional Remedies (Article 32).

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Initially, the constitution of India had 7 Fundamental Rights that are borrowed
from the Constitution of the USA. But later on, Right to Property was
abolished and now there are just 6 Fundamental Rights in force.

FUNDAMENTAL RIGHTS EXPLAINED:

1. Right to Equality (Art. 14-18)

Article 14 represents the idea of equality, which states that the state shall not
deny to any person equality before the law or the equal protection of the laws
within the territory of India. The equality before the law is guaranteed to all
without regard to race, colour, or nationality. 

(Article 15): Non-discrimination on grounds of religion, race, caste, sex, or

place of birth 
Article 15 states that the state shall not discriminate against any citizen on
grounds only of religion, caste, sex, place of birth, or any of them and would not
be subject to any disability, liability, restriction, or condition. Nothing in this
article shall prevent the state from making any special provisions for women
and children or for the advancement of any socially and educationally backward
classes of citizens or for the Scheduled Castes or Scheduled Tribes.

(Article 16): Equality of opportunity in public employment 

Article 16 states that no citizen shall on grounds only of religion, race, caste,
sex, descent, place of birth, residence, or any of them, be ineligible for or
discriminated against in respect of any employment or office under the state.

It empowers Parliament to make a law prescribing any requirement as to

residence within that state or UT prior to employment or appointment in that
state or UT. It empowers the state to make special provisions for the reservation
of appointments or posts in favour of any backward classes of citizens.

(Article 17): Abolition of Untouchability 

Article 17 abolishes Untouchability and forbids its practice in any form.
Untouchability refers to a social practice that looks down upon certain
oppressed classes solely on account of their birth and makes any discrimination
against them on this ground.

(Article 18): Abolition of Titles

Article 18 abolishes all titles and prohibits the state to confer titles on anybody
whether a citizen or a non-citizen. However, military and academic distinctions
are exempted from the prohibition.
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2. (Article 19): Right to Freedom 
The Right to Freedom guarantees to the citizens of India six Fundamental
Freedoms: 1) Freedom of Speech and Expression, 2) Freedom of Assembly, 3)
Freedom to form associations, 4) Freedom of Movement, 5) Freedom to reside
and to settle, and 6) Freedom of profession, occupation, trade, or business.

(Article 20): Protection in respect of Conviction for Offences 

Article 20 provides protection against arbitrary and excessive punishment
for any person who commits an offense. This article has taken care to
safeguard the rights of persons accused of crimes. Moreover, this article cannot
be suspended even during an emergency in operation under Article 359.

(Article 21): Protection of Life and Personal Liberty 

Article 21 states no person shall be deprived of his life or personal
liberty except according to the procedure established by law. However, Article
21 puts a limit on the power of the State given under Article 246, read with the
legislative lists. Thus, Article 21 does not recognise the Right to Life and
Personal Liberty as an absolute right but limits the scope of the right itself.

The fundamental rights are not absolute and are subject to certain limitations
that are mentioned in the constitution itself. 

FREEDOM OF SPEECH AND EXPRESSION:

Freedom of Speech and expression means the right to express one’s own
convictions and opinions freely by words of mouth, writing, printing, pictures or
any other mode. In modern time it is widely accepted that the right to freedom
of speech is the essence of free society and it must be safeguarded at all time.
The first principle of a free society is an uninterrupted flow of words in an open
forum. Liberty to express opinions and ideas without hindrance, and especially
without fear of punishment plays significant role in the development of that
particular society and ultimately for that state. It is one of the most important
fundamental liberties guaranteed against state suppression or regulation.

Freedom of speech is guaranteed not only by the constitution or statutes of

various states but also by various international conventions like Universal
Declaration of Human Rights, European convention on Human Rights and
Fundamental Freedoms, International Covenant on Civil and Political
Rights etc. These declarations expressly talk about protection of freedom of
speech and expression. 

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FREEDOM OF SPEECH AND EXPRESSION- MEANING & SCOPE:

Article 19(1)(a) of the Constitution of India guarantees to all its citizens the
right to freedom of speech and expression.
The law states that, “all citizens shall have the right to freedom of speech and
expression”.

Under Article 19(2) “reasonable restrictions can be imposed on the exercise of

this right for certain purposes.

The freedom of speech under Article 19(1)(a) includes the right to express

one’s views and opinions at any issue through any medium, e.g. by words of
mouth, writing, printing, picture, film, movie etc.  It thus includes the
freedom of communication and the right to propagate or publish opinion. But
this right is subject to reasonable restrictions being imposed under Article
19(2). Free expression cannot be equated or confused with a license to make
unfounded and irresponsible allegations against the judiciary.

It is important to note that a restriction on the freedom of speech of any citizen

may be placed as much by an action of the State as by its inaction. Thus, failure
on the part of the State to guarantee to all its citizens irrespective of their
circumstances and the class to which they belong, the fundamental right to
freedom of speech and expression would constitute a violation of Article 19(1)
(a).

The fundamental right to freedom of speech and expression is regarded as one

of the most basic elements of a healthy democracy for it allows its citizens
to participate fully and effectively in the social and political process of the
country. In fact, the freedom of speech and expression gives greater scope and
meaning to the citizenship of a person extending the concept from the level of
basic existence to giving the person a political and social life.
This right is available only to a citizen of India and not to foreign nationals.
This right is, however, not absolute and it allows Government to frame laws to
impose reasonable restrictions in the interest of sovereignty and integrity of
India, security of the state, friendly relations with foreign states, public order,
decency and morality and contempt of court, defamation and incitement to an
offence.

In the Preamble to the Constitution of India, the people of India declared their
solemn resolve to secure to all its citizen liberty of thought and expression. The

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Constitution affirms the right to freedom of expression, which includes the right
to voice one’s opinion, the right to seek information and ideas, the right to
receive information and the right to impart information. The Indian State is
under an obligation to create conditions in which all the citizens can effectively
and efficiently enjoy the aforesaid rights.

Article 19(1)(a) of Indian Constitution says that all citizens have the right to
freedom of speech and expression. Freedom of Speech and expression means
the right to express one’s own convictions and opinions freely by words of
mouth, writing, printing, pictures or any other mode. It thus includes the
expression of one’s idea through any communicable medium or visible
representation, such as gesture, signs, and the like.

The phrase “speech and expression” used in Article 19(1) (a) has a broad
connotation. This right includes the right to communicate, print and
advertise the information. In India, freedom of the press is implied from the
freedom of speech and expression guaranteed by Article 19(1)(a).
The freedom of the press is regarded as a “species of which freedom of
expression is a genus”. On the issue of whether ‘advertising’ would fall under
the scope of the Article, the Supreme Court pointed out that the right of a citizen
to exhibit films is a part of the fundamental right of speech and expression
guaranteed by Article 19(1)(a) of the Constitution.

Importance Of Freedom Of Speech

Freedom of Speech is the bulwark of democratic government. This freedom is
essential for the proper functioning of the democratic process. Freedom of
speech and liberty is regarded as the first condition of liberty. It occupies a
preferred position in the hierarchy liberties giving succor and protection to all
other liberties. It is the mother of all liberties.[vi]

In a democracy, freedom of speech & expression opens up channels of free

discussion of issues. Freedom of speech plays a crucial role in the formation of
public opinion on social, economic & political matters. It embraces within its
scope the freedom of propagation and interchange of ideas, dissemination of
information which would help the formation of one’s opinion & viewpoint &
debates on matters of public concern. So long as the expression is confined to
nationalism, patriotism & love for the motherland, the use of National flag by
the way of expression of those sentiments would be a Fundamental Right.

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In Maneka Gandhi v. Union of India, BHAGWATI J., has emphasized on the
significance of the freedom of speech & expression in these words:
“Democracy is based essentially on free debate and open discussion, for that is
the only corrective of government action in a democratic set up. If democracy
means government of the people by the people, it is obvious that every citizen
must be entitled to participate in the democratic process and in order to enable
him to intelligently exercise his rights of making a choice, free & general
discussion of public matters is absolutely essential.”

Freedom Of Press
The fundamental right of the freedom of press implicit in the right the freedom
of speech and expression, is essential for the political liberty and proper
functioning of democracy. Freedom to mark one’s view is the lifeline of any
democratic nation. Any attempt to stifle, suffocate or gag this right would sound
like death of democracy and would help usher in autocracy or dictatorship.

The Indian Press Commission says that “Democracy can thrive not only under
the vigilant eye of legislature, but also under the care and guidance of public
opinion and the press is par excellence, the vehicle through which opinion can
become articulate.” Unlike the American Constitution, Art. 19(1)(a) of the
Indian Constitution does not expressly mention the liberty of the press but it has
been held that liberty of the press is included in the freedom of speech and
expression. The editor of a press for the manager is merely exercising the right
of the expression, and therefore, no special mention is necessary of the freedom
of the press. Freedom of press is the heart of social and political intercourse. It
is the primary duty of the courts to uphold the freedom of press and invalidate
all laws or administrative actions, which interfere with it contrary to the
constitutional mandate.

New Dimensions Of Freedom Of Speech And Expression

Government has no monopoly on electronic media: The Supreme Court
widened the scope and extent of the right to freedom of speech and expression
and held that the government has no monopoly on electronic media and a
citizen has under Art. 19(1)(a) a right to telecast and broadcast to the
viewers/listeners through electronic media television and radio any important
event. The government can impose restrictions on such a right only on grounds
specified in clause (2) of Art. 19 and not on any other ground. A citizen has
fundamental right to use the best means of imparting and receiving
communication and as such have an access to telecasting for the purpose.

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Commercial Advertisements: The court held that commercial speech
(advertisement) is a part of the freedom of speech and expression. The court
however made it clear that the government could regulate the commercial
advertisements, which are deceptive, unfair, misleading and untruthful.
Examined from another angle the Court said that the public at large has a right
to receive the “Commercial Speech”. Art. 19(1)(a) of the constitution not only
guaranteed freedom of speech and expression, it also protects the right of an
individual to listen, read, and receive the said speech.

Telephone Tapping: Invasion on right to privacy: Telephone tapping violates

Art. 19(1)(a) unless it comes within grounds of restriction under Art. 19(2).
Under the guidelines laid down by the Court, the Home Secretary of the centre
and state governments can only issue an order for telephone tapping. The order
is subject to review by a higher power review committee and the period for
telephone tapping cannot exceed two months unless approved by the review
authority.

GROUNDS OF RESTRICTIONS/ EXCEPTIONS TO FREEDOM OF

SPEECH AND EXPRESSION:

CASE LAW: In Romesh Thappar v State of Madras (AIR 1950 SC 124), the

Supreme Court of India held that the freedom of speech and expression includes
freedom to propagate ideas which is ensured by freedom of circulation of a
publication, as publication is of little value without circulation. 

Patanjali Sastri, J., rightly observed that-

‘Freedom of Speech and of Press is at the foundation of all democratic
organizations, for without free political discussion no public education, so
essential for the proper functioning of the process of Government, is possible’

However, Art. 19(2) of the Constitution provides that this right is not absolute
and ‘reasonable restrictions’ may be imposed on the exercise of this right for
certain purposes. The right to freedom of expression includes the right to
express one’s views and opinions on any issue and through any medium
whether it be in writing or by word of mouth.

Clause (2) of Article 19 contains the grounds on which restrictions on the

freedom of speech and expression can be imposed-

Grounds Of Restrictions
It is necessary to maintain and preserve freedom of speech and expression in a
democracy, so also it is necessary to place some restrictions on this freedom for

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the maintenance of social order because no freedom can be absolute or
completely unrestricted. Accordingly, under Article 19(2) of the Constitution of
India, the State may make a law imposing “reasonable restrictions” on the
exercise of the right to freedom of speech and expression “in the interest of” the
public on the following grounds: Clause (2) of Article 19 of the Indian
constitution contains the grounds on which restrictions on the freedom of
speech and expression can be imposed:-

1)      Security of State: Security of state is of vital importance and a

government must have the power to impose a restriction on the activity
affecting it. Under Article 19(2) reasonable restrictions can be imposed on
freedom of speech and expression in the interest of the security of State.
However, the term “security” is a very crucial one. The term “security of the
state” refers only to serious and aggravated forms of public order e.g. rebellion,
waging war against the State, insurrection and not ordinary breaches of public
order and public safety, e.g. unlawful assembly, riot, affray. Thus speeches or
expression on the part of an individual, which incite to or encourage the
commission of violent crimes, such as, murder are matters, which would
undermine the security of State.

2)      Friendly relations with foreign states: In the present global world, a
country has to maintain a good and friendly relationship with other countries.
Something which has the potential to affect such relationship should be checked
by the government. Keeping this thing in mind, this ground was added by the
constitution (First Amendment) Act, 1951. The object behind the provision is to
prohibit unrestrained malicious propaganda against a foreign friendly state,
which may jeopardize the maintenance of good relations between India and that
state.

3)      No similar provision is present in any other Constitution of the

world: In India, the Foreign Relations Act, (XII of 1932) provides punishment
for libel by Indian citizens against foreign dignitaries. Interest of friendly
relations with foreign States, would not justify the suppression of fair criticism
of foreign policy of the Government. However, it is interesting to note that
member of the commonwealth including Pakistan is not a “foreign state” for the
purposes of this Constitution. The result is that freedom of speech and
expression cannot be restricted on the ground that the matter is adverse to
Pakistan.

4)      Public Order: Next restriction prescribed by constitution is to

maintain public order: This ground was added by the Constitution (First
Amendment) Act. ‘Public order’ is an expression of wide connotation and
signifies “that state of tranquillity which prevails among the members of

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political society as a result of internal regulations enforced by the Government
which they have established.”
Here it is pertinent to look into meaning of the word “Public order. Public order
is something more than ordinary maintenance of law and order. ‘Public order’ is
synonymous with public peace, safety and tranquillity.

Anything that disturbs public tranquillity or public peace disturbs public order.
Thus, communal disturbances and strikes promoted with the sole object of
accusing unrest among workmen are offences against public order. Public order
thus implies absence of violence and an orderly state of affairs in which citizens
can peacefully pursue their normal avocation of life. Public order also includes
public safety. Thus, creating internal disorder or rebellion would affect public
order and public safety. But mere criticism of government does not necessarily
disturb public order.

The words ‘in the interest of public order’ includes not only such utterances as
are directly intended to lead to disorder but also those that have the tendency to
lead to disorder. Thus, a law punishing utterances made with the deliberate
intention to hurt the religious feelings of any class of persons is valid because it
imposes a restriction on the right of free speech in the interest of public order
since such speech or writing has the tendency to create public disorder even if in
some case those activities may not actually lead to a breach of peace. But there
must be reasonable and proper nexus or relationship between the restrictions
and the achievements of public order.

5)      Decency or morality: The way to express something or to say something

should be a decent one. It should not affect the morality of society adversely.
Our constitution has taken care of this view and inserted decency and morality
as a ground. The words ‘morality or decency’ are words of wide
meaning. Sections 292 to 294 of the Indian Penal Code provide instances of
restrictions on the freedom of speech and expression in the interest of decency
or morality. These sections prohibit the sale or distribution or exhibition of
obscene words, etc. in public places. No fix standard is laid down till now as to
what is moral and indecent. The standard of morality varies from time to time
and from place to place.
6)      Contempt of Court: In a democratic country Judiciary plays a very
important role. In such situation, it becomes essential to respect such an
institution and its order. Thus, restriction on the freedom of speech and
expression can be imposed if it exceeds the reasonable and fair limit and
amounts to contempt of court. According to Section 2 ‘Contempt of court’ may
be either ‘civil contempt’ or ‘criminal contempt.’ But now, Indian contempt law
was amended in 2006 to make “truth” a defense.

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However, even after such amendment, a person can be punished for the
statement unless they were made in public interest. Again in Indirect Tax
Practitioners Assn. vs R.K.Jain, it was held by court that, “Truth based on the
facts should be allowed as a valid defense if courts are asked to decide contempt
proceedings relating to contempt proceeding relating to a speech or an editorial
or article”. The qualification is that such defense should not cover-up to escape
from the consequences of a deliberate effort to scandalize the court.

7)      Defamation: Ones’ freedom, be it of any type, must not affect the

reputation or status of another person. A person is known by his reputation more
than his wealth or anything else. Constitution considers it as ground to put
restriction on freedom of speech. Basically, a statement, which injures a man’s
reputation, amounts to defamation. Defamation consists in exposing a man to
hatred, ridicule, or contempt. The civil law relating to defamation is still
uncodified in India and subject to certain exceptions.

8)      Incitement to an offense: This ground was also added by

the Constitution (First Amendment) Act, 1951. Obviously, freedom of speech
and expression cannot confer a right to incite people to commit offense. The
word ‘offense’ is defined as any act or omission made punishable by law for the
time being in force.

9)      Sovereignty and integrity of India: To maintain the sovereignty and

integrity of a state is the prime duty of government. Taking into it into account,
freedom of speech and expression can be restricted so as not to permit anyone to
challenge sovereignty or to permit anyone to preach something which will result
in threat to integrity of the country.
From above analysis, it is evident that Grounds contained in Article 19(2) show
that they are all concerned with the national interest or in the interest of the
society. The first set of grounds i.e. the sovereignty and integrity of India, the
security of the State, friendly relations with foreign States and public order are
all grounds referable to national interest, whereas, the second set of grounds i.e.
decency, morality, contempt of court, defamation and incitement to an offence
are all concerned with the interest of the society.

In India, the press has not been able to exercise its freedom to express the
popular views. In Sakal Papers Ltd. v. Union of India,] the Daily Newspapers
(Price and Page) Order, 1960, which fixed the number of pages and size which a
newspaper could publish at a price was held to be violative of freedom of press
and not a reasonable restriction under the Article 19(2). Similarly, in Bennett
Coleman and Co. v. Union of India, the validity of the Newsprint Control
Order, which fixed the maximum number of pages, was struck down by the

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Court holding it to be violative of provision of Article 19(1)(a) and not to be
reasonable restriction under Article 19(2). The Court struck down the plea of
the Government that it would help small newspapers to grow.

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