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Essay / Freedom of Speech in the Indian Constitution
Freedom of the press is not mentioned anywhere in the Indian constitution. The right to freedom of speech and expression is guaranteed under Article 19 of the Indian Constitution. The freedom of speech and expression enshrined in Article 19 of the Indian Constitution is believed to include freedom of the press. Say no to plagiarism. Get a tailor-made essay on “Why violent video games should not be banned”?Get an original essayFree speech allows everyone to express their own voice as well as that of others. But freedom of the press must be subject to the restrictions that apply to freedom of expression. The restrictions mentioned in art. 19 are defamation, contempt of court, decency or morality, security of the state, friendly relations with other states, incitement to an offense, public order and maintenance of sovereignty and integrity of India. The status of freedom of the press is the same as that of the ordinary citizen. The press cannot claim any tax immunity, is subject to the same laws governing industrial relations, and employees of the press are subject to the same laws governing industrial employment. Here again, the press enjoys normal freedom of expression guaranteed by Article 19 of the Indian Constitution. Therefore, no law may be passed to restrict freedom of expression, nor be made subject to excessive or prohibitive burdens to restrict its circulation, and cannot be made subject to a specific tax deliberately imposed to limit the flow of information. In essence, the constitution grants no power to the government to impose arbitrary restrictions on the press. Politicians in power are often tempted to adopt laws restricting press freedom, to withhold information likely to arouse unfavorable reactions among the population. In 1976, during the State of Emergency, Parliament enacted the Prevention of Publication of Objectionable Content Act. The Janata government repealed the law in 1978. However, the 44th Amendment passed in 1978 gave Parliament substantial powers to regulate freedom of the press. A new article, Art 361A, has been added to the constitution for this purpose. Press censorship is a very crucial and sensitive issue in any democracy. Keep in mind: this is just a sample. Get a personalized article from our expert writers now. Get a Custom Essay In general, press censorship is considered a very unhealthy control over freedom of free expression of opinions. In India, the constitution does not specifically prohibit press censorship. Therefore, the only way to verify whether the state is using censorship is if it is reasonable. Even this control over government did not exist before the First Amendment to the Constitution in 1951.