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Q75 (CDS-II/2021) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Right to Freedom Answer Verified

The Constitution of India guarantees freedom of speech and expression. But the freedom is subject to certain reasonable restrictions imposed by the State. These restrictions may relate to which of the following ? 1. Defamation 2. Decency or morality 3. Incitement to an offence Select the correct answer using the code given below :

Result
Your answer:  ·  Correct: D
Explanation

Article 19(1)(a) of the Constitution of India guarantees the freedom of speech and expression to all citizens. However, this right is not absolute and is subject to reasonable restrictions under Article 19(2) [2]. The State is empowered to impose these restrictions in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, contempt of court, defamation, and incitement to an offence [1]. Specifically, 'defamation' ensures that free speech does not infringe upon an individual's reputation, 'decency or morality' allows for the regulation of obscene content, and 'incitement to an offence' prevents speech that directly encourages criminal acts [4]. Since all three points—defamation, decency or morality, and incitement to an offence—are explicitly mentioned as valid grounds for restriction, the correct answer is 1, 2, and 3 [1].

Sources

  1. [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Freedom of the Press. > p. 123
  2. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > III Protection of Six Rights > p. 86
  3. [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 90: Landmark Judgements and Their Impact > T ROMESH THAPPAR CASE (1950) > p. 623
  4. [4] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Fundamental Rights and Fundamental Duties IJl > p. 118
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