The right to free speech and expression and the right to trade commerce fall under two different categories and should not be viewed as one.
The Court also stated that though an advertisement is a form of speech, the actual character is indicated by the object that the advertisement is promoting.
The Court ruled that the Act enacted by the Parliament to control advertisements in certain drugs and commodities was not merely to curb advertisements against decency and morality but also to prevent self-medication and self-treatment. In the case of Hamdard Dawakhana v UOI, the Court dealt with advertisements of drugs that were supposedly prohibited. An advertisement is a form of communication which is used to persuade an audience through marketing to act or continue an act. The intrinsic value of free speech and expression is the freedom to think and speak freely to obtain essential information through publications without fearing the retribution or repression by the government or the authorities. How far are the instruments mentioned above covered under Article 19(1)(a)? It should be read along, ‘Liberty of thought, expression, belief, faith and worship’ of the Preamble as it is intrinsically linked with the Preambular objective and needs to be valued.Įlectronic media includes radio, television, telephone, advertisements, and films are also taken into consideration under this article.
Article 19 (1)(a) of the Indian Constitution is a fundamental right which guarantees, ‘freedom of speech and expression.’ Under Article 19, clause (2), reasonable restrictions can be imposed by the State. It also includes the right to propagate and publish opinion granting the freedom of communication but is subjected to reasonable restriction. The freedom of speech includes the right to express one’s views and opinions on any issue through any media preferable, for example, by words of mouth, in writing or printing, movies, films or pictures, etc. If democracy means the government of the people, by the people, it is obvious that every citizen must be entitled to participate in the democratic process and in order to enable him to intelligently exercise his right of making a choice, free and general discussion of public matters is absolutely essential. In the judgement of Maneka Gandhi v UOI, Bhagwati J emphasized on the importance of the freedom of speech and expression:ĭemocracy is based essentially on free debate and open discussion, for that is the only corrective of government action in a democratic setup. We cannot deny its democratic value and is the bulwark of democratic set-up. If restrictions are placed on speech, it prevents the ascertainment of substantial facts which are valuable for the progress of the society. The freedom of speech and expression fulfills diverse objectives, which includes the discovery of truth. It also opens up channels and platforms of free discussion of various issues. This right plays a pivotal role in the lives of the citizens enabling them to form public opinion on social, political-economic matters. Ivor Jennings said, “Without freedom of speech, the appeal to the reason which is the basis of democracy cannot be made.” It is a fundamental right which is also seen as a basic human right, a natural right that every citizen is entitled to. Free Speech is also regarded as the live wire of democracy. Freedom of speech and expression is sacrosanct right for a vibrant democracy. Freedom of speech and expression is a right as well as liberty that is enshrined in our Constitution. The freedom of speech and expression is essential in a democratic set-up and for its proper functioning of the democratic process.
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