Emerging Rights Under Article 19(1)(a) of the Constitution of India

6 Pages Posted: 13 Sep 2012

See all articles by Jelis Subhan

Jelis Subhan

Amity University - Amity Law School

Date Written: March 29, 2010

Abstract

The Constitution of India declares certain Fundamental Rights for individuals under Part III, Articles 12 to 35. Some of these rights are only for the citizens where as others are available equally to the non-citizens also. These fundamental rights are inviolable subject to the qualification defined in the constitution itself. It establishes that no law, ordinance, custom, usage or administration order can abridge or take away a fundamental right. These rights are binding upon both legislative and the executive and any law, which violates the fundamental right, is void. A fundamental right cannot be taken away even by a constitutional amendment, if it forms the basic structure of the constitution. Article 19(1)(a) secures to every citizen the freedom of speech and expression. The freedom of speech and expression means the right to express one’s conviction and opinions freely by word of mouth, writing, printing, pictures or any other mode. Freedom of speech is the bulwark of a democratic government and it attaches great importance to this freedom, because without the freedom of speech appeal to reason, which is the basis of democracy, cannot be made. Freedoms of speech opens up channels of free discussions of issues and play a crucial role in public opinion on social, political and economic matters. The Hon’ble Supreme Court has interpreted the phrase, ‘speech and expression’ of having a wide connotation and thus many a rights not expressly found under the article’s plain words has been recognised. Thus in this paper an attempt is made to find out as to how relevant and effective has been such dynamic interpretation of the right.

Keywords: Constitution of India, Article 19(1)(a), speech and expression

Suggested Citation

Subhan, Jelis, Emerging Rights Under Article 19(1)(a) of the Constitution of India (March 29, 2010). Available at SSRN: https://ssrn.com/abstract=2145117 or http://dx.doi.org/10.2139/ssrn.2145117

Jelis Subhan (Contact Author)

Amity University - Amity Law School ( email )

Sector 125, F-1 Block
I-2 Block, Ground Floor
Noida, UT Uttar Pradesh 201313
India

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