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Question: Analyze the concept of “reasonable restrictions” under Article 19 of the Indian Constitution. Discuss the grounds on which the State can impose restrictions on the freedom of speech and expression, and examine how the Supreme Court has interpreted the balance between individual liberty and state authority through landmark judgments.
Answer:
Article 19(1)(a) of the Indian Constitution guarantees freedom of speech and expression as a fundamental right, while Article 19(2) empowers the State to impose “reasonable restrictions” on this freedom. The framers recognized that absolute freedom could lead to chaos, necessitating a careful balance between individual liberty and collective welfare.
The grounds for restrictions under Article 19(2) include sovereignty and integrity of India, security of the State, friendly relations with foreign states, public order, decency, morality, contempt of court, defamation, and incitement to an offense. The term “reasonable” is crucial – restrictions must be proportionate, necessary, and serve a legitimate state interest.
The Supreme Court has evolved significant jurisprudence on this balance. In Romesh Thappar v. State of Madras (1950), the Court established that restrictions must be reasonable and not arbitrary. The Shreya Singhal v. Union of India (2015) judgment struck down Section 66A of the IT Act for being vague and disproportionate, emphasizing that restrictions cannot be overbroad.
The Court applies the “clear and present danger” test and proportionality principle to determine reasonableness. In S. Rangarajan v. Jagjivan Ram (1989), it held that freedom of expression cannot be suppressed on account of threat of demonstration and processions.
This jurisprudential evolution demonstrates the Court’s commitment to protecting fundamental freedoms while acknowledging legitimate state concerns, ensuring democracy’s vibrant discourse continues within constitutional boundaries.