Chapter

To Speak or Not to Speak

O. Chinnappa Reddy

in The Court and the Constitution of India

Published in print May 2010 | ISBN: 9780198066286
Published online October 2012 | e-ISBN: 9780199081462 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198066286.003.0027
To Speak or Not to Speak

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Freedom of expression is one of the most cherished and valuable rights guaranteed by the Constitution of India. During the discussion in the Constituent Assembly, B. N. Rau and B. R. Ambedkar thought that freedom of the press was a part of the freedom of expression and therefore there was no need for it to be mentioned separately. The earliest of cases involving freedom of expression under Article 19 (i) (a) of the Constitution was the famous Crossroads case, which necessitated an amendment of the Constitution, which further excepted from the right to freedom of speech and freedom of expression, reasonable restrictions in the interest of friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation, or incitement to an offence. This chapter discusses censorship during the course of internal emergency proclaimed by Indira Gandhi in 1975, as well as Supreme Court rulings concerning the right to privacy, tolerance of other beliefs, film censorship, and obscenity.

Keywords: India; Constitution; Supreme Court; freedom of expression; film censorship; freedom of the press; freedom of speech; right to privacy; tolerance; obscenity

Chapter.  3766 words. 

Subjects: Constitutional and Administrative Law

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