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Honoring the Freedom of Expression Endowed by the Constitution

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25 Jan 24
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Bhagwan Prasad Gaur, Journalist, Udaipur

Honoring the Freedom of Expression Endowed by the Constitution

Article 19(1)(a) of the Indian Constitution guarantees every Indian citizen the freedom of speech and expression. The essence of this provision is to grant individuals the liberty to express their thoughts through writing, speech, or any other form of communication without restraint. However, there is a growing fear among people to speak the truth, questioning whether it is in the best interest of the nation.

If we refrain from expressing our thoughts, the democratic fabric of the country might weaken instead of strengthening. The churn of ideas and debates in a democracy can lead to conclusions and excellence. We should exercise our freedom of expression responsibly, avoiding inflammatory statements that could harm social harmony.

In the words of a philosophical volunteer, it is not necessary for me to agree with your views, but I will defend your right to express them until my last breath. This powerful statement empowers even the mute to voice their opinions. Political leaders often emphasize the importance of political tolerance, and many news outlets highlight it as well. We must respect and utilize the freedom of expression granted by the Constitution.

While the Constitution mentions freedom of speech and expression under Article 19(1)(a), it does not explicitly define or limit it. It is crucial to remember that our freedom extends to our right to remain silent. In the case of Sakal Papers (1962), the Supreme Court stated that expression includes words, writings, prints, symbols, broadcasts, or any other mode of communication of one's thoughts. Press freedom is also integral to the freedom of speech and expression.

However, the freedom granted by the Constitution is not absolute. It is essential to use it judiciously, keeping in mind that inciting government employees to strike, calling for the bandh of cities, or arousing public sentiments against the nation through media is unconstitutional. Expression should not jeopardize the sovereignty, integrity, friendly relations with foreign countries, public order, decency, or morality, and it should not lead to contempt of court, defamation, or incitement to an offense.

The Constitution imposes certain restrictions on freedom of expression for maintaining peace and order. Citizens have a duty to exercise their freedom within these limitations. Our freedom ends where the rights of others begin. Upholding the principles of mutual respect and love is the path to the development of a prosperous India.

Lately, there have been instances of deteriorating discourse driven by political motives, hindering mutual respect, cooperation, and collaboration. Adhering to the limits of freedom of expression can naturally address many of these issues. It is crucial for the realization of the vision of a developed India.


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