Courts, Police Have Duty To Protect Freedom Of Speech: SC
Freedom of Speech: Constitutional Foundation
Article 19(1)(a) of the Constitution of India guarantees the fundamental right to freedom of speech and expression.
This right is essential for the functioning of democracy, enabling free flow of ideas, public debate, and dissent.
However, Article 19(2) permits reasonable restrictions in the interests of sovereignty, security, public order, decency, defamation, etc.
Duty of Courts and Police Regarding Freedom of Speech
Courts and police are not just arbiters or enforcers of law but also protectors of fundamental rights.
They have a constitutional duty to safeguard the freedom of speech and expression and ensure that this right is not stifled or suppressed unlawfully.
Police must exercise restraint and act within legal bounds when dealing with speech-related matters.
Courts must scrutinize any restriction on speech strictly to prevent arbitrary or excessive curtailment.
Supreme Court Judgments Affirming This Duty
1. S. Rangarajan v. P. Jagjivan Ram, (1989) 2 SCC 574
The Court laid down important guidelines regarding restrictions on freedom of speech and expression.
It emphasized that restrictions must be reasonable and narrowly tailored.
Courts and police must ensure that the freedom of speech is protected and not curtailed lightly.
The judgment highlighted the importance of context, intent, and actual threat to public order before restricting speech.
2. Romesh Thappar v. State of Madras, AIR 1950 SC 124
This seminal case affirmed that freedom of speech is the “matrix, the indispensable condition, of nearly every other form of freedom”.
The Court struck down laws that sought to unjustifiably restrict press freedom.
It recognized the positive duty of the state to protect free speech and press freedom.
3. Shreya Singhal v. Union of India, (2015) 5 SCC 1
The Supreme Court struck down Section 66A of the IT Act for being vague and violative of free speech.
It reiterated the duty of police to not misuse laws to stifle legitimate speech, especially on social media.
The judgment emphasized the protection of online expression and freedom from arbitrary arrest or prosecution.
4. Indian Express Newspapers v. Union of India, (1985) 1 SCC 641
The Court underscored the role of the press in democracy and the importance of freedom of speech.
It stated that courts and authorities must protect these freedoms against unnecessary or unlawful interference.
Role and Duty of Police
Police must not act as censors or suppressors of speech but as enforcers of law within constitutional limits.
Arrests or detentions for expression must only occur if there is clear, imminent threat to public order.
The Supreme Court has condemned excessive or arbitrary police action against those exercising free speech.
Role and Duty of Courts
Courts have a quasi-constitutional role to protect fundamental rights.
They must ensure that any restriction on speech:
Is based on law.
Is reasonable.
Is necessary for a legitimate state interest.
Courts have the power to strike down or modify laws that violate free speech.
They protect citizens from police excess and arbitrary restrictions.
Summary of Legal Principles
| Principle | Explanation |
|---|---|
| Freedom of Speech is Fundamental | Guaranteed under Article 19(1)(a), essential for democracy and individual autonomy. |
| Reasonable Restrictions Only | Restrictions must be narrowly tailored, necessary, and in interests like public order. |
| Police Duty | Police must not suppress or intimidate; must protect free speech within legal bounds. |
| Judicial Oversight | Courts scrutinize restrictions and police action to uphold constitutional freedoms. |
| Protection from Arbitrary Action | Police action against speech must not be arbitrary, vague, or excessive. |
Why This Matters Today
In an era of social media and mass communication, freedom of speech faces new challenges.
Courts and police must balance freedom with public order without undue suppression.
The Supreme Court continues to safeguard citizens’ rights by emphasizing these duties.
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