Indian Constitution

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Indian Constitution: Salient features, Preambles, Fundamental Rights and Duties. Freedom of Speech and Expression: Article 19(1) (a) and Article 19(2) Directive Principles of State Policy

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UNIT II:

UNIT II Indian Constitution : Salient features , Preambles , Fundamental Rights and Duties. Freedom of Speech and Expression: Article 19(1) (a) and Article 19(2) Directive Principles of State Policy

Indian Constitution::

Indian Constitution : The system of fundamental principles according to which a nation, state, corporation, or the like, is governed.

THE CONSTITUTION - MEANING:

THE CONSTITUTION - MEANING A set of rules and principles that all persons in a country can agree upon as the basis of the way in which they want the country to be governed. The constitution is not an instrument for government to restrain people, it is an instrument for people to restrain government.

NEED OF THE CONSTITUTION:

NEED OF THE CONSTITUTION Constitution plays a crucial role in laying out certain important guidelines that govern . The Right to Equality is one of the fundamental Rights, guaranteed by the Indian constitution . Ensures that a dominant group does not use its power against the minorities . Constitution is to save us from ourselves

NEED OF THE CONSTITUTION:

NEED OF THE CONSTITUTION The Constitution helps to protect us against certain decisions that we might take that could have an adverse effect on the larger principles that the country believes in.

GOOD CONSTITUTION:

GOOD CONSTITUTION A good Constitution does not allow to change its basic structure. It does not allow for the easy overthrow of provisions that guarantee rights of citizens and protect their freedom.

THE INDIAN CONSTITUTION: BACKGROUND:

THE INDIAN CONSTITUTION: BACKGROUND Under the British, Indians had been forced to obey rules that they had very little role in policy making . The long experience of authoritarian rule under the colonial state convinced Indians that free India should be a democracy in which everyone should be treated equally and be allowed to participate in government.

The Framing of Constitution of India.:

The Framing of Constitution of India. 8 Dr. Sachchidananda Sinha was the first president (temporary) of the Constituent Assembly when it met on December 9, 1946. Later, Dr. Rajendra Prasad became the President of the Constituent Assembly and Dr. Bhimrao Ambedkar became the Chairman of its drafting committee on December 11,1946 . First president (temporary) Dr. Sachchidananda Sinha (Left) on December 9, 1946. Dr. Rajendra Prasad (Middle) the President of the Constituent Assembly and Dr. Bhimrao Ambedkar (Right) the Chairman of its drafting committee as on December 11,1946 .

The Framing of Constitution of India.:

The Framing of Constitution of India. 9 First day (December 9, 1946) of the Constituent Assembly . From right: B. G. Kher and Sardar Vallabhai Patel; K. M. Munshi is seated behind Patel. The Constituent Assembly consisted of 385 members, of which 292 were elected by the elected members of the Provincial Legislative Assemblies while 93 members were nominated by the Princely States. To these were to be added a representative each from the four Chief Commissioners Provinces of Delhi, Ajmer- Marwar , Coorg and British Baluchistan.

The Framing of Constitution of India.:

The Framing of Constitution of India. 10 1.From U.K. - Nominal Head – President, Cabinet System of Ministers, Post of PM, Parliamentary Type of Govt., Bicameral Parliament, Lower House more powerful, Council of Ministers responsible to Lower House, Provision of Speaker in Lok Sabha . Borrowed features of constitution of India 2.From U.S.A- Written constitution, Appointment of Vice President, Fundamental Rights, Supreme court, Head of the state known as president, Provision of states, Judicial review 7.From Canada- Federal System and Residuary powers 4.From USSR- Fundamental Duties, Five year plan 3.From Australia- Concurrent List, Centre-State relationship, Language of the Preamble 5.From Germany- Emergency provisions 6.From Japan- Law on which the Supreme Court functions 8.From South Africa- Procedure of constitutional amendment 9.From Ireland- Concept of Directive Principles of state policy.

The Framing of Constitution of India.:

The Framing of Constitution of India. 11 For the time being till the constitution was made, India would be governed in accordance with the Government of India act 1935. The Assembly met in sessions open to the public, for 166 days, spread over a period of 2 years, 11 months and 18 days before adopting the Constitution. It was finally passed and accepted on Nov 26, 1949. In all the 284 members of the Assembly signed the official copies (Original) of the Indian Constitution. After many deliberations and some modifications over 111 plenary sessions in 114 days, the 308 members of the Assembly signed two copies (Final) of the document (one each in Hindi and English) on 24 January 1950 Same day the Assembly unanimously elected Dr, Rajendra Prasad as the President of India. which came into effect on Jan 26, 1950, known and celebrated as the Republic Day of India .

The Framing of Constitution of India.:

The Framing of Constitution of India. 12 The 65 th Republic Day Celebrations on 26th January 2014 at New Delhi, India

THE INDIAN CONSTITUTION: KEY FEATURES:

THE INDIAN CONSTITUTION: KEY FEATURES A federal system Parliamentary Form of Government Separation of Powers Fundamental Rights

A FEDERAL SYSTEM :

A FEDERAL SYSTEM The existence of more than one level of government in the country Central Government State Government Local Government

PARLIAMENTARY FORM OF GOVERNMENT:

PARLIAMENTARY FORM OF GOVERNMENT The people of India have a direct role in electing their representatives

SEPARATION OF POWERS:

SEPARATION OF POWERS Legislature, The executive and The judiciary

Union legislature :

Union legislature The union legislature is known as parliament. Parliament consists of president , lok sabha , Rajya sabha. Lok sabha & Rajya sabha are two houses of parliament.

Lok sabha:

Lok sabha

Rajya sabha:

Rajya sabha

DEFINITION :

DEFINITION Fundamental Rights are essential human rights that are offered to every citizen irrespective of caste, race, creed, place of birth, religion or gender. These are equal to freedoms and these rights are essential for personal good and the society at large.

SIX FUNDAMENTAL RIGHTS:

SIX FUNDAMENTAL RIGHTS The Right to EQUALITY The Right to FREEDOM The Right to Freedom from EXPLOITATION The Right to FREEDOM OF RELIGION Cultural and EDUCATIONAL Rights The Right to CONSTITUTIONAL REMEDIES

Right to equality:

Right to equality

Right to equality:

Right to equality ( i ) Equality before Law :- Article 14 of the constitution guarantees that all citizens shall be equally protected by the laws of the country (ii) Social equality and equal access to public areas:- Article 15 of the constitution states that no person shall be discriminated on the basis of caste, colour, language etc. Every person shall have equal access to public places like public parks, museums, wells, bathing ghats and temples etc. However, the State may make any special provision for women and children.

Right to equality:

Right to equality (iii) Equality in matters of public employment:- Article 16 of the constitution lays down that the State cannot discriminate against anyone in the matters of employment. All citizens can apply for government jobs. (iv) Abolition of untouchability :- Article 17 of the constitution abolishes the practice of untouchability. Practice of untouchability is an offense and anyone doing so is punishable by law. (v) Abolition of Titles:- Article 18 of the constitution prohibits the State from conferring any titles. Citizens of India cannot accept titles from a foreign State.

Right to freedom:

Right to freedom

Right to freedom:

Right to freedom ( i ) Freedom of Speech and expression , which enable an individual to participate in public activities. The phrase, "freedom of press" has not been used in Article 19, but freedom of expression includes freedom of press. (ii) Freedom to assemble peacefully without arms , on which the State can impose reasonable restrictions in the interest of public order and the sovereignty and integrity of India. (iii) Freedom to form associations or unions on which the State can impose reasonable restrictions on this freedom in the interest of public order, morality and the sovereignty and integrity of India.

Right to freedom:

Right to freedom (iv) Freedom to move freely throughout the territory of India though reasonable restrictions can be imposed on this right in the interest of the general public, for example, restrictions may be imposed on movement and travelling, so as to control epidemics. (v) Freedom to reside and settle in any part of the territory of India which is also subject to reasonable restrictions by the State in the interest of the general public or for the protection of the schedule tribes because certain safeguards as are envisaged here seem to be justified to protect indigenous and tribal peoples from exploitation and coercion.

Right to freedom:

Right to freedom (vi) Freedom to practice any profession or to carry on any occupation, trade or business on which the State may impose reasonable restrictions in the interest of the general public. Thus, there is no right to carry on a business which is dangerous or immoral.

Right against exploitation:

Right against exploitation

Right against exploitation:

Right against exploitation The abolition of trafficking in human beings and Beggar (forced labour) Abolition of employment of children below the age of 14 years in dangerous jobs like factories and mines. Trafficking in humans for the purpose of slave trade or prostitution is also prohibited by law.

Right to freedom of religion:

Right to freedom of religion

Right to freedom of religion:

Right to freedom of religion According to the Constitution, all religions are equal before the State and no religion shall be given preference over the other. Citizens are free to preach, practice and propagate any religion of their choice. Religious communities can set up charitable institutions of their own. Activities in such institutions which are not religious are performed according to the laws laid down by the government No person shall be compelled to pay taxes for the promotion of a particular religion. A State run institution cannot impart education that is pro-religion

Cultural & educational Rights :

Cultural & educational Rights

Cultural & educational Rights :

Cultural & educational Rights ARTICLES 29 & 30 Any community which has a language and a script of its own has the right to conserve and develop it. All minorities, religious or linguistic, can set up their own educational institutions to preserve and develop their own culture .

Right to constitutional remedies:

Right to constitutional remedies

Right to constitutional remedies:

Right to constitutional remedies Right to constitutional remedies empowers the citizens to move a court of law in case of any denial of the fundamental rights. This procedure of asking the courts to preserve or safeguard the citizens' fundamental rights can be done in various ways. The courts can issue various kinds of writs .

Activity:

Activity Find out the meaning of These writs : habeas corpus , mandamus , prohibition , quo warranto and certiorari .

“The Supreme Court shall have the power to issue directions or order or writs including the writs in the nature of habeas corpus, mandamus, prohibition, Quo warranto and criterion, whichever may be appropriate for the enforcement of any of the rights conferred by” fundamental rights. Besides the Supreme Court, the High Courts also have been given a role in the protection of fundamental rights. Under Art. 226 of the constitution, High Courts also can issue writs for the enforcement of fundamental rights. The High Courts on the other can issue writs against infringement of fundamental rights, as well as against contravention of ordinary law of redress grievances arising therefrom. :

“ The Supreme Court shall have the power to issue directions or order or writs including the writs in the nature of habeas corpus, mandamus, prohibition, Quo warranto and criterion, whichever may be appropriate for the enforcement of any of the rights conferred by ” fundamental rights . Besides the Supreme Court, the High Courts also have been given a role in the protection of fundamental rights. Under Art. 226 of the constitution, High Courts also can issue writs for the enforcement of fundamental rights . The High Courts on the other can issue writs against infringement of fundamental rights, as well as against contravention of ordinary law of redress grievances arising therefrom.

In case of transgression of fundamental rights the Supreme Court or the High Courts may issue five kinds of writs.:

In case of transgression of fundamental rights the Supreme Court or the High Courts may issue five kinds of writs. Habeas Corpus — Habeas Corpus literally means—that human person is sacred. Hence no man may be detained illegally . Whenever a man is detained, he must be produced before a court. This writ is a powerful safeguard against arbitrary (Illegal)arrest and detention . Mandamus —meaning ‘ command ’, mandamus calls upon public servants to perform some duties. Thus mandamus is issued against dereliction (Neglect)of duty . Prohibition —as the very term prohibition —suggests, this writ is issued by the Supreme Court or the High Courts, to prohibit inferior courts under them to overstep their jurisdiction. Criterion —it enables a superior court of compels inferior courts to submit records of proceedings to the higher court .  Quo warranto —literally means by what right . This writ is issued to determine the legality of a person’s claim to public office. The purpose of this writ is to prevent usurpation ( taking someone's power or property by force) of a public office by an undesirable or, unqualified person .

Limitations:

Limitations Firstly , Article 33 empower the Parliament to modify application of fundamental rights to armed forces and the Police to ensure proper discharge of their duties . Secondly , under Article 34, during the operation of Martial law in any area, the Parliament may indemnify any person in the service of the central or a state government for acts for the maintenance or restoration of law and order . Thirdly , during emergency proclaimed under Art 352 of the constitution, the fundamental rights guaranteed to the citizens, will remain suspended. Article 358 authorize the Parliament to restrict fundamental rights guaranteed by Art 19 during the pendency of an emergency under Article 352.

PowerPoint Presentation:

Summary

Email : [email protected] pass: acharya2014:

Email : [email protected] pass: acharya2014

FUNDANMANTAL DUTIES:

FUNDANMANTAL DUTIES

The Fundamental Duties of citizens were added to the Constitution by the 42nd Amendment in 1976, upon the recommendations of the Swaran Singh Committee that was constituted by the government earlier that year.:

The Fundamental Duties of citizens were added to the Constitution by the 42nd Amendment in 1976, upon the recommendations of the Swaran Singh Committee that was constituted by the government earlier that year. Originally ten in number, the Fundamental Duties were increased to eleven by the 86th Amendment in 2002, which added a duty on every parent or guardian to ensure that their child or ward was provided opportunities for education between the ages of six and fourteen years

TEN FUNDANMANTAL DUTIES :

TEN FUNDANMANTAL DUTIES To abide by the constitution and to respect ideals of constitution and institutions, the National Flag and the National Anthem.

TEN FUNDANMANTAL DUTIES:

TEN FUNDANMANTAL DUTIES 2. To cherish(Protect) and follow the noble ideals which inspired our national struggle for freedom.

TEN FUNDANMANTAL DUTIES:

TEN FUNDANMANTAL DUTIES 3. To uphold and protect the sovereignty, unity and integrity of India.

TEN FUNDANMANTAL DUTIES:

TEN FUNDANMANTAL DUTIES 4. To defend the country and render national service when called upon to do so.

TEN FUNDANMANTAL DUTIES:

TEN FUNDANMANTAL DUTIES 5. To promote harmony and the spirit of common brotherhood amongst all the people of India linguistic and regional or sectional diversities; to renounce practices derogatory(disrespectful) to the dignity of women

TEN FUNDANMANTAL DUTIES:

TEN FUNDANMANTAL DUTIES 6. To value and preserve the rich heritage of our composite(amalgamation) culture

TEN FUNDANMANTAL DUTIES:

TEN FUNDANMANTAL DUTIES 7. To protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures

TEN FUNDANMANTAL DUTIES:

TEN FUNDANMANTAL DUTIES 8. To develop the scientific temper, humanism and the spirit of inquiry and reform.

TEN FUNDANMANTAL DUTIES:

TEN FUNDANMANTAL DUTIES 9. To safeguard public property and to abjure violence

TEN FUNDANMANTAL DUTIES:

TEN FUNDANMANTAL DUTIES 10. To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of Endeavour and achievement.

Activity Mention the Moral Duties as Human Being:

Activity Mention the Moral Duties as Human Being

The Preamble to Constitution of India.:

The Preamble to Constitution of India.

The Preamble to Constitution of India.:

The Preamble to Constitution of India. 59 The Preamble to the Constitution of India is a brief introductory statement that sets out the guiding purpose and principles of the document. WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE , social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

PowerPoint Presentation:

Sovereign State means taking self-decisions in all the matters without the pressure of other states. Our country frames internal (home) and foreign policies independently without yielding to the external forces. The word “Socialist State” has been added in the preamble to the Constitution in 1976 through 42nd amendment. The state which reduces the economic inequalities among its people and strives for their economic development is a socialist state. A secular state is one in which the state does not officially promote any one religion as the state religion . The Constitution plays a crucial role in laying out the ideals that we would like all citizens of the country to adhere to, including the representatives that we elect to rule us.

PowerPoint Presentation:

India is a Democratic State . Democracy is the government of the people, for the people and by the people. The Constituent assembly elected by the people framed the constitution according to the wishes of the people. A democratic state alone can become a republic. If the head of the state is not a hereditary king or queen but an elected representative, it is a republic. The Preamble to Indian Constitution assured social, economic and political justice to all its citizens. Justice is done only when it is given equally to all.

PowerPoint Presentation:

LIBERTY : The preamble to the Constitution assures liberty to citizens for thinking, expressing and worshipping according to one’s own belief and faith. The fundamental rights are granted to them with a view to safeguarding liberty. Equality: All the citizens are equal in the eyes of the government irrespective of their differences. All the citizens get equal opportunities for development. The preamble to our Constitution assured opportunities to all citizens to achieve equal status. Fraternity: The preamble to Constitution desired to achieve fraternity by enhancing the individual respect and inculcating National Integrity. The word “fraternity” is included in the preamble with a view to sow the seeds of brotherhood in the minds of the people.

Summary: The Preamble to Constitution of India.:

Summary: The Preamble to Constitution of India. 63 The first words of the Preamble - "We, the people" - signifies that power is ultimately vested in the hands of the People of India. So far the Preamble has been amended only once in 1976 by 42 nd amendment (change) which inserted the words Socialism, Secularism and Integrity. A brief description of these concepts are as follows (in the order they come in Preamble)- Sovereign- It means free to follow internal and external Policies. Secular- It means no particular Religion is preferred. Socialist- It means no concentration of Power and Money. Democratic- It means rule by elected representative of the People of India. Republic- It means no room for hereditary ruler or monarch.

The Preamble to Constitution of India.:

The Preamble to Constitution of India. 64 The preamble-page, along with other pages of the First and original Book of Constitution of India , was designed (Art) and decorated (Frames) solely by renowned painter Beohar shakha. Hindi (Left) and English (Middle) versions of Preamble as available in the First book of Constitution of India (Right).

The Preamble to Constitution of India.:

The Preamble to Constitution of India. 65 Purpose of Having a Preamble: The Preamble to our Constitution serves two purposes: - A) It indicates the source from which the Constitution derives its authority; B) It also states the objects, which the Constitution seeks to establish and promote. The Preamble seeks to establish what Mahatma Gandhi described as The India of my Dreams, "…an India in which the poorest shall feel that it is their country in whose making they have an effective voice; …an India in which all communities shall leave I perfect harmony. There can be no room in such an India for the curse of unsociability or the curse of Intoxicating drinks and drugs. Woman will enjoy as the same rights as man."

Directive Principles:

Directive Principles Directive Principles which are mentioned in Part IV from Article 36 to Article 51 of the Indian Constitution . These principles are meant for the State to follow them in matters of administration and in making of laws . Because the basic aim behind these principles is establish a welfare State . These principle are differ from fundamental rights, While fundamental rights are enforceable , Directive Principles are not enforceable by the courts. The courts can not compel the govt. to follow these principles . But it is the duty of every responsible government to translate these principles in to action to promote social and economic justice among citizens. These principles are fundamental in the governance of the country .

The Directive Principles of State Policy incorporated under Chapter-IV from Article 36-Article 51 possess the following features::

The Directive Principles of State Policy incorporated under Chapter-IV from Article 36-Article 51 possess the following features : Directive Principles of State Policy are some instructions to the State for achieving socio-economic development . Directive Principles of State Policy are not enforceable in the courts and no one can go near the court for its proper implementation . Directive Principles of State Policy are positive in nature . These principles increase power and functions of the State . Directive Principles of State Policy aims at establishment of a welfare state by securing social and economic justice. These principles are based on socialist thinking .

PowerPoint Presentation:

These principles are indispensable for socio-economic development of our country .Because welfare and justice are the twin objectives of our Constitution . These principles have great moral value also. It constitutes the conscience of our Constitution . No responsible govt. can dare to go against these principles . Directive Principles of State Policy constitute the mirror of public opinion .These principles always reflect the will of the people .These are embodied in the Constitution to the meet the aspirations of the people . These are fundamental in the governance of the country . The State should follow these principles for progress of the country .

Directive Principles of State Policy:

Directive Principles of State Policy These are the guidelines given to central and state government to implement and achieve the highest ideals spelt out in the preamble to the Constitution Encouraging cottage industries. Providing compulsory education Improving the standard of living. Educational and Economic development of the weaker sections

PowerPoint Presentation:

adequate means of livelihood for all citizen irrespective of men and women equally ; equal distribution of wealth and resources among all classes ; equal pay for equal work for both men and women ; just and humane conditions of work, a decent standard of living , full employment, leisure and social and cultural opportunities;  participation of workers in the management of undertakings and establishments ; protection of children, youth against exploitation and against moral and material abandonment. The forty-two amendment altered this provision and provides that “ children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against moral and material abandonment ”; Provision of work and compulsory education for all people, relief in case of unemployment, old age, sickness and disability and other cases of undeserved want ;  equality of opportunity and status for all individuals ; level of nutrition and standard of living of the people ; · public health and enforce prohibition of consumption of intoxicating drinks and drugs; · environment safeguarding forest and wild life of the country ; · a uniform civil code throughout the country ; · protection of adult and child labour.

Freedom of Speech and Expression: Article 19(1) (a) and Article 19(2):

Freedom of Speech and Expression: Article 19(1) (a) and Article 19(2 )

Freedom of Speech in India:

Freedom of Speech in India Freedom of speech enjoys special position as far India is concerned. The importance of freedom of expression and speech can be easily understand by the fact that preamble of constitution itself ensures to all citizens inter alia, liberty of thought, expression, belief, faith and worship . The constitutional significance of the freedom of speech consists in the Preamble of Constitution and is transformed as fundamental and human right in Article 19(1) (a) as “freedom of speech and expression”. 

PowerPoint Presentation:

19. Protection of certain rights regarding freedom of speech etc. 1 )  All citizens shall have the right ( a)  to freedom of speech and expression ; Freedom of Speech and Expression is universally accepted as one of the most important freedoms in almost all modern progressive nations. Several international conventions and declarations and declarations guarantee these rights. But these rights are not unrestricted. Article 19: This right include freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Cont…:

Cont … Explaining the scope of freedom of speech and expression Supreme Court has said that the words "freedom of speech and expression" must be broadly constructed to include the freedom to circulate one's views by words of mouth or in writing or through audio-visual instrumentalities. Freedom of Speech and expression means the right to express one's own convictions and opinions freely by words of mouth, writing, printing, pictures or any other mode. It thus includes the expression of one's idea through any communicable medium or visible representation, such as gesture, signs, and the like.

Understanding Freedom of Speech in India :

Understanding Freedom of Speech in India The freedom of speech is regarded as the first condition of liberty. It occupies a preferred and important position in the hierarchy of the liberty, it is truly said about the freedom of speech that it is the mother of all other liberties. Freedom of Speech and expression means the right to express one's own convictions and opinions freely by words of mouth, writing, printing, pictures or any other mode . In modern time it is widely accepted that the right to freedom of speech is the essence of free society and it must be safeguarded at all time. The first principle of a free society is an untrammelled flow of words in an open forum . Liberty to express opinions and ideas without hindrance, and especially without fear of punishment plays significant role in the development of that particular society and ultimately for that state . It is one of the most important fundamental liberties guaranteed against state suppression or regulation . Freedom of speech is guaranteed not only by the constitution or statutes of various states but also by various international conventions like Universal Declaration of Human Rights, European convention on Human Rights and fundamental freedoms, International Covenant on Civil and Political Rights etc. These declarations expressly talk about protection of freedom of speech and expression.

Why to protect freedom of speech?:

Why to protect freedom of speech? Freedom of speech offers human being to express his feelings to other, but this is not the only reason; purpose to protect the freedom of speech. There could be more reasons to protect these essential liberties. There are four important justifications for freedom of speech – 1) For the discovery of truth by open discussion - According to it, if restrictions on speech are tolerated; society prevents the ascertainment and publication of accurate facts and valuable opinion. That is to say, it assists in the discovery of truth.  2) Free speech as an aspect of self- fulfilment and development – freedom of speech is an integral aspect of each individual’s right to self-development and self-fulfilment. Restriction on what we are allowed to say and write or to hear and read will hamper our personality and its growth. It helps an individual to attain self-fulfilment. 3) For expressing belief and political attitudes - freedom of speech provides opportunity to express one’s belief and show political attitudes. It ultimately results in the welfare of the society and state. Thus, freedom of speech provides a mechanism by which it would be possible to establish a reasonable balance between stability and social change. 4) For active participation in democracy – democracy is most important feature of today’s world. Freedom of speech is there to protect the right of all citizens to understand political issues so that they can participate in smooth working of democracy. That is to say, freedom of speech strengthens the capacity of an individual in participating in decision-making.

Moreover, it is important to note that liberty of one must not offend the liberty of others. :

Moreover, it is important to note that liberty of one must not offend the liberty of others. 

Article 19(2):

Article 19(2) Every citizen of this country therefore has the right to air his or their views through the printing and or the electronic media subject of course to permissible restrictions imposed under Article 19(2) of the Constitution .

• Grounds of Restrictions:

•  Grounds of Restrictions It is necessary to maintain and preserve freedom of speech and expression in a democracy, so also it is necessary to place some restrictions on this freedom for the maintenance of social order , because no freedom can be absolute or completely unrestricted . Accordingly, under Article 19(2) of the Constitution of India, the State may make a law imposing “reasonable restrictions” on the exercise of the right to freedom of speech and expression “in the interest of” the public on the following grounds : Clause (2) of Article 19 of Indian constitution contains the grounds on which restrictions on the freedom of speech and expression can be imposed:-

PowerPoint Presentation:

1) Security of State: Security of state is of vital importance and a government must have power to impose restriction on the activity affecting it . However the term “security” is very crucial one . The term "security of state" refers only to serious and aggravated forms of public order e.g. rebellion, waging war against the State, insurrection and not ordinary breaches of public order and public safety, e.g. unlawful assembly, riot, affray. Thus speeches or expression on the part of an individual, which incite to or encourage the commission of violent crimes, such as, murder are matters, which would undermine the security of State.

PowerPoint Presentation:

2) Friendly relations with foreign states: In the present global world, a country has to maintain good and friendly relationship with other countries. Something which has potential to affect such relation ship should be checked by government. Keeping this thing in mind, this ground was added by the constitution (First Amendment) Act, 1951. The object behind the provision is to prohibit unrestrained malicious propaganda against a foreign friendly state, which may jeopardize the maintenance of good relations between India, and that state.  No similar provision is present in any other Constitution of the world. In India, the Foreign Relations Act, (XII of 1932) provides punishment for libel by Indian citizens against foreign dignitaries. Interest of friendly relations with foreign States, would not justify the suppression of fair criticism of foreign policy of the Government. However it is interesting to note that member of the commonwealth including Pakistan is not a "foreign state" for the purposes of this Constitution. The result is that freedom of speech and expression cannot be restricted on the ground that the matter is adverse to Pakistan.

3) Public Order::

3) Public Order: Next restriction prescribed by constitution is to maintain public order . This ground was added by the Constitution (First Amendment) Act. 'Public order' is an expression of wide connotation and signifies "that state of tranquillity which prevails among the members of political society as a result of internal regulations enforced by the Government which they have established. Anything that disturbs public tranquillity or public peace disturbs public order. Thus communal disturbances and strikes promoted with the sole object of accusing unrest among workmen are offences against public order. Public order thus implies absence of violence and an orderly state of affairs in which citizens can peacefully pursue their normal avocation of life. Public order also includes public safety. Thus creating internal disorder or rebellion would affect public order and public safety. But mere criticism of government does not necessarily disturb public order. 

4) Decency or morality::

4) Decency or morality: The way to express something or to say something should be decent one. It should not affect the morality of the society adversely. Our constitution has taken care of this view and inserted decency and morality as a ground. The words 'morality or decency' are words of wide meaning. Sections 292 to 294 of the Indian Penal Code provide instances of restrictions on the freedom of speech and expression in the interest of decency or morality . These sections prohibit the sale or distribution or exhibition of obscene words, etc. in public places. No fix standard is laid down till now as to what is moral and indecent. The standard of morality varies from time to time and from place to place. 

5) Contempt of Court::

5) Contempt of Court: In a democratic country Judiciary plays very important role. In such situation it becomes essential to respect such institution and its order. Thus , restriction on the freedom of speech and expression can be imposed if it exceeds the reasonable and fair limit and amounts to contempt of court. According to the Section 2 'Contempt of court' may be either 'civil contempt' or 'criminal contempt.' But now, Indian contempt law was amended in 2006 to make “truth” a defence. However , even after such amendment a person can be punished for the statement unless they were made in public interest. Again in  Indirect Tax Practitioners Assn. vs R.K.Jain , it was held by court that, “Truth based on the facts should be allowed as a valid defence if courts are asked to decide contempt proceedings relating to contempt proceeding relating to a speech or an editorial or article ”. The qualification is that such defence should not cover-up to escape from the consequences of a deliberate effort to scandalize the court.

6) Defamation::

6) Defamation: Ones ’ freedom, be it of any type, must not affect the reputation or status another person. A person is known by his reputation more than his wealth or any thing else. Constitution considers it as ground to put restriction on freedom of speech. Basically, a statement, which injures a man's reputation, amounts to defamation. Defamation consists in exposing a man to hatred, ridicule, or contempt.

7) Incitement to an offence::

7) Incitement to an offence: This ground was also added by the constitution (First Amendment) Act, 1951. Obviously , freedom of speech and expression cannot confer a right to incite people to commit offence. The word 'offence' is defined as any act or omission made punishable by law for the time being in force .  

8) Sovereignty and integrity of India-:

8) Sovereignty and integrity of India- To maintain sovereignty and integrity of a state is prime duty of government. Taking into it into account, freedom of speech and expression can be restricted so as not to permit any one to challenge sovereignty or to permit any one to preach something which will result in threat to integrity of the country. 

9.Obscenity:

9. Obscenity Obscenity in India is defined as "offensive to modesty or decency; lewd, filthy and repulsive." It stated that the test of obscenity is whether the publication, read as a whole, has a tendency to deprave and corrupt those whose minds are open to such immoral influences, and therefore each work must be examined by itself . With respect to art and obscenity, the Court held that "the art must be so preponderating as to throw obscenity into a shadow or the obscenity so trivial and insignificant that it can have no effect and may be overlooked ." The Court concluded that the test to adopt in India, emphasizing community mores, is that obscenity without a preponderating social purpose or profit cannot have the constitutional protection of free speech.

Conclusion::

Conclusion: From above analysis, it is evident that Grounds contained in Article 19(2) show that they are all concerned with the national interest or in the interest of the society. The first set of grounds i.e. the sovereignty and integrity of India, the security of the State, friendly relations with foreign States and public order are all grounds referable to national interest, whereas, the second set of grounds i.e. decency, morality, contempt of court, defamation and incitement to an offence are all concerned with the interest of the society .

summary:

summary Article 19(1)(a) of the Constitution of India promises right to free speech and expression to all the citizens. However , ‘ reasonable restriction ’ can be imposed on the enjoyment of this freedom by the State under clause 2 of Article 19 on certain grounds, i.e., the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offense. Additionally, freedoms under Article 19 of the Constitution can be suspended during the Emergency by virtue of Article 359 .

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