SOVEREIGNTY AND INTEGRITY OF INDIA

SUBMITTED BY
FINI GRACE E TENISON
ROLL NO 28
10TH BA LLB
 INTRODUCTION

 Introduced as a ground of restriction on the freedom of expression

 By the 16th amendment in 1963

 To prevent any person from propagating recession of a state or any

part of india from the union or to prevent all activities aimed at
disintegration of the country.
 Freedom of press Art. 19(1)(a) is not specifically mentioned in Art. 19(1)(a)
 What is mentioned is only freedom of speech and expression

MEANING
 To preserve the democratic way of life it is essential that people should have
freedom to express their feelings and to make their views know to the people
at large
 It should be free to play its role in building a strong viable society
 Denial of freedom of press to citizen would unnecessarily undermine the
power to influence the public opinion and to counter to democracy.
 Romesh Thaper vs State of madras

 The Sc took it granted that freedom was an essential part of the right to

freedom of speech and expression.

 It was observed by Patanjali Shastri justice in Romesh Thaper that freedom

of speech and expression and included propagation of ideas and that freedom

was ensured by the freedom of circulation

 Freedom of press is not absolute, just as the freedom of expression is not

 Public interest has to be safeguarded by Art. 19(1)(2) which lays down reasonable limitations

to the freedom of expression in matters affecting

 Sovereignty and integrity of the state

 Security of the state

 Friendly relations with foreign countries

 Public order

 Decency and morality

 Contempt of court

 Defamation

 Incitement to an offence
 Under Art. 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

ones view and opinions at any issue through any medium, by words of mouth,

writing, printing etc

 It thus includes the freedom of communication and the right to propagate or

public opinion

 But this right is subject to reasonable restriction being imposed under Article

19(2)
 Radha Mohan Lal vs Rajasthan High Court (2003) (3) SCC 427

 Free expression cannot be equated or confused with a license to make

unfounded and irresponsible allegations against the judiciary

 CONCLUSION

 It has been introduced as a ground of restriction on the freedom of expression

through the 16th Amendment

 It was introduced as a separate ground in Art. 19(2) of the constitution

enabling the parliament to make a law so as to prevent any person from

propagating recession of state or any part of India from the union or to

prevent all activities aimed at the disintegration of the country.