The Threat to Free Speech Arun Jaitley Leader of Opposition (Rajya Sabha) The fundamental rights enshrined in the Constitution of India are an integral part of the constitutional basic structure. They are un-amendable. The most pre-eminent out of the freedoms enshrined in Article 19 of the Constitution is the Right of free speech and expression. It is pre-eminent because unlike other fundamental rights which can be restricted on account of certain reasonable restrictions, the right to free speech cannot be restricted on the ground of any undefined reasonable restriction. Article 19(2) provides specific conditions under which the right to free speech can be restricted. These restrictions must necessarily have nexus to sovereignty and integrity of India, the security of State, friendly relations of foreign states, public order, decency or morality or in relation to contempt of court, defamation or incitement of an offence. No restriction can be imposed on the right to free speech either by the Government or by the Election Commission which falls outside the purview of any of the above circumstances. Three possible violations or potential violations of the right to free speech have come to public notice Read more at: ibnlive.in/news/restricting-opinion-polls-neither-permissible-nor-desirable-jaitley/432209-80-258.html?utm_source=ref_article
Posted on: Mon, 04 Nov 2013 11:43:37 +0000
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