Right to Speech: A Boon or Bane

  • Annu Kumar
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  • Annu Kumar

    Student at Law College Dehradun, Uttaranchal University, Dehradun, India

  • Amber Srivastav

    Assistant Professor at Law College Dehradun, Uttaranchal University, Dehradun, India

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Freedom of speech is one of the most enjoyable right in democratic country. Freedom of speech is also considered as “first generation right” which means it protecting government interference in individual right. India is also democratic country. And freedom of speech and expression granted as fundamental right. Freedom of speech and expression is mentioned in article 19(1)(a) of Indian constitution. Indian judiciary extended its scope time to time such as freedom of press, right to information, right to remain silence etc. While right to speech is not an absolute right, so some reasonable restrictions is also imposed by constitution of India. Article 19(2) of Indian constitution-imposed restrictions on Right to speech. For example, one who work in an office, company or other places can not share secrets (such as customer data or a production process) or arm secrets, there combat plans or other secret plan the government. While it is also mentioned in constitution that at the time of state of emergency or war, the government may impose some restriction on free expression of its citizens. This is Indian judiciary who defined which is restricted or not by its judgement. Some imposable restrictions are Security of state, public order, contempt of Court, defamation etc. Freedom of speech means freedom is paramount in a democracy. If someone cannot speak freely, it often means that their liberties are being restricted by some powerful people. Enjoying these rights - without any fear or unlawful interference of someone - is central to living in an open and fair society; where people can access justice and enjoy their human rights without any obstruction.


Research Paper


International Journal of Law Management and Humanities, Volume 7, Issue 2, Page 2205 - 2214

DOI: https://doij.org/10.10000/IJLMH.117277

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