Chapter

Free Speech, Liberty, and Public Order

Granville Austin

in Working a Democratic Constitution

Published in print July 2003 | ISBN: 9780195656107
Published online October 2012 | e-ISBN: 9780199080397 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195656107.003.0004
Free Speech, Liberty, and Public Order

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This chapter discusses freedom of speech and expression as treated in the First and Sixteenth Amendments. Soon after the Constitution's inauguration, India added its name to the long list of democracies whose constitutional ideals were tested against the government of the day's perception of national needs. Protecting national integrity through preserving political stability was thought to be in conflict with the democratic rights to freedom of expression and personal liberty. The social revolutionary goals of the Directive Principles of State Policy were found to conflict with the right to property. During the Nehru years, remedies for these conflicts were sought, in part, through the First, Fourth, Sixteenth, and Seventeenth Amendments to the Constitution. The chapter concludes with an issue of personal liberty covered by the Fundamental Rights, preventive detention, although instituting preventive detention did not involve constitutional amendment.

Keywords: preventive detention; individual liberty; Indian Constitution; Sixteenth Amendment; Nehru

Chapter.  14987 words. 

Subjects: Constitutional and Administrative Law

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