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Freedom of Speech and Expression in India: Scope, Limits, and Contemporary Challenges
- The Law Gurukul
- Jul 3, 2025
- 3 min read
Introduction
Freedom of speech and expression, enshrined under Article 19(1)(a) of the Indian Constitution, is the cornerstone of democracy. It empowers citizens to voice opinions, hold governments accountable, and participate in public discourse. However, this right is not absolute—reasonable restrictions apply to balance liberty with public order, security, and morality. This blog explores the scope, judicial interpretations, permissible limits, and modern challenges to free speech in India.
Constitutional Framework: Article 19(1)(a) & Its Restrictions
What Does Article 19(1)(a) Guarantee?
The right to express opinions freely (spoken, written, digital, or artistic).
Includes freedom of the press, right to information, and symbolic speech (e.g., protests, art).
Permissible Restrictions Under Article 19(2)
The state can impose reasonable restrictions on free speech in the interest of:
Sovereignty & integrity of India
Security of the state
Friendly relations with foreign states
Public order
Decency & morality
Contempt of court
Defamation
Incitement to an offense
Judicial Interpretations: Expanding & Defining Free Speech
1. Landmark Cases That Shaped Free Speech
Case | Key Ruling |
Romesh Thappar v. State of Madras (1950) | Struck down pre-censorship; established that public order must involve a real threat, not just inconvenience. |
Maneka Gandhi v. UoI (1978) | Linked free speech with personal liberty (Article 21)—speech can only be restricted via fair, just, and reasonable procedures. |
Shreya Singhal v. UoI (2015) | Struck down Section 66A of IT Act for being "vague and arbitrary." |
Kaushal Kishor v. State of UP (2023) | Held that ministers’ hate speech can be actionable if it leads to harm. |
2. Expanding Digital Free Speech
Internet Shutdowns: SC in Anuradha Bhasin v. UoI (2020) ruled that indefinite shutdowns violate free speech.
Social Media Regulation: Courts balance fake news regulation with user rights (e.g., WhatsApp Privacy Case, 2021).
Key Limitations on Free Speech
1. Hate Speech & Communal Violence
Section 153A IPC: Punishes speech promoting enmity between groups.
Example: Ban on inflammatory speeches during riots.
2. Sedition (Section 124A IPC) – A Controversial Limit
Kedar Nath Singh (1962): Sedition applies only to incitement to violence, not mere criticism.
Current Status: Under review (post-2022 Supreme Court freeze on sedition cases).
3. Defamation (Civil & Criminal)
Subramanian Swamy v. UoI (2016): Upheld criminal defamation but narrowed its scope.
4. Obscenity & Morality
Aveek Sarkar v. State of WB (2014): "Community standards test" for obscenity.
5. Contempt of Court
Prashant Bhushan Case (2020): SC upheld contempt for tweets undermining judiciary.
Modern Challenges to Free Speech
1. Misuse of Laws (UAPA, Sedition, IT Rules)
Example: Journalists arrested under UAPA for reporting on protests.
2. Fake News & Deepfakes
IT Rules 2021: Require social media to remove "fake news," but risk over-censorship.
3. Corporate & Government Censorship
Example: Takedown requests to Twitter/X under IT Act.
4. Self-Censorship Due to Fear
Chilling Effect: Many avoid criticizing authorities due to legal harassment.
Global Comparisons: How Does India Fare?
USA: 1st Amendment has near-absolute free speech (except incitement).
UK: Stronger hate speech & libel laws.
Germany: Bans Nazi propaganda.
India: Mid-tier—broader than UK but more restricted than the US.
Conclusion: Striking the Right Balance
Free speech is vital for democracy, but absolute freedom risks chaos. India’s judiciary has largely protected dissent while curbing genuine threats. However, vague laws, political misuse, and digital censorship remain concerns. Citizens must demand clearer safeguards against arbitrary restrictions.
Where should India draw the line? Should hate speech laws be stricter? Share your views!