Essay On Freedom Of Speech And Expression

Freedom of Speech is among the most basic natural rights of an individual. It is through Speech that an individual is able to convey his emotions, his needs and his wants. The right to Free speech is one of the most basic essentials required to constitute a healthy Democracy. Recognizing the importance of this right, the framers of the Constitution of India have declared this right as a Fundamental Right under Part III. The Constitution of India under Article 19(1)(a) guaranteed the Freedom of Speech and Expression to all its citizens. The Right to Freedom of Speech and Expression entitles every citizen to have an opinion and express it without the fear of repression by the Government. However, this right to Free Speech under Article 19(1)(a)

However, in the author’s humble opinion, the framers of the Constitution have lacked in giving a more serious thought to the Defamation as a Crime and lacked in not questioning the provisions of Sections 499 and 500 of the Indian Penal Code. Right to Freedom of Speech and Expression is repeatedly held to be a part of the basic structure of the Constitution. It is considered as an essential attribute of a democracy. In a carton of decisions, the Hon'ble Supreme Court of India has highlighted the importance of this right in a Parliamentary democracy. In the very first judgment[ Romesh Thappar Vs. State of Madras (1950) SCR 594 ] that was delivered by the Supreme Court of India on the Right to Freedom of Speech and Expression, it was declared by a Constitution Bench that very narrow and stringent limits have been set to permissible legislative abridgment on the Right to free speech. It was explained that without free speech and free political discussion, no public education which is very essential for the proper functioning of the government, is possible. It was also explicitly mentioned in the judgment that a freedom of such amplitude might involve risks of abuse. In this context it would be pertinent to quote Salman Rushdie here, he has rightly said, ‘What is freedom of expression? Without the freedom to offend, it ceases to exist.’ It was further held in the case of Romesh Thappar, the framers of the Constitution have reflected with Madison, who was the leading spirit in the preparation of the First Amendment of the Federal Constitution that "It is better to leave a few of its noxious branches to their luxuriant growth, than, by pruning them away, to injure the vigour of those yielding the proper