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Q76 (CDS-II/2010) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Right to Freedom Answer Verified

In India the right to “freedom of speech and expression” is restricted on the grounds of 1. the sovereignty and integrity of India. 2. contempt of court. 3. friendly relation with foreign states. 4. protection of. minorities. Select the correct answer using the code given below

Result
Your answer: —  ·  Correct: A
Explanation

Under Article 19(2) of the Indian Constitution, the right to freedom of speech and expression is not absolute and can be restricted on specific grounds. These grounds include the sovereignty and integrity of India (added by the 16th Amendment Act, 1963), the security of the State, friendly relations with foreign states (added by the 1st Amendment Act, 1951), public order, decency or morality, contempt of court, defamation, and incitement to an offence [2]. While the Constitution provides for the protection of interests of minorities under Articles 29 and 30, 'protection of minorities' is not a listed ground for restricting free speech under Article 19(2) [2]. The Supreme Court has held that the grounds mentioned in Article 19(2) are exhaustive, meaning the State cannot impose restrictions on any ground not specifically mentioned in the clause [3]. Therefore, only statements 1, 2, and 3 are valid grounds.

Sources

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