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Q76 (CDS-II/2015) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Right to Freedom Answer Verified

The Constitution of India guarantees freedom of thought and expression to all its citizens subject to 1. implementation of Directive Principles 2. Fundamental Duties 3. Right to Equality Select the correct answer using the code given below.

Result
Your answer: —  Â·  Correct: A

Explanation

The correct answer is Option A (1 and 2 only).

Under the Indian Constitution, the freedom of speech and expression (Article 19(1)(a)) is not absolute and is subject to:

  • Directive Principles: Under Article 31C, laws implementing Directive Principles in Article 39(b) and (c) cannot be challenged for violating Article 19. Thus, freedom of expression is subject to their implementation.
  • Fundamental Duties: The Supreme Court has ruled that Fundamental Rights and Duties (Article 51A) are complementary. Courts use Fundamental Duties to determine the reasonableness of restrictions on Fundamental Rights, making the exercise of freedom of expression subject to these duties.
  • Right to Equality: The Right to Equality (Article 14) is a co-equal Fundamental Right. Freedom of expression is not structurally 'subject to' it in the way it is restricted by DPSPs and Fundamental Duties.
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