Under Article 19(2) of the Indian Constitution, which of the following cannot be a ground for imposing restrictions on the freedom of speech and expression?

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UKPSC Patwari Lekhpal (Re-Exam) Official Paper (Held On: 12 Feb, 2023)
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  1. Decency
  2. Morality
  3. Social, Economic and Political reform
  4. Public Order

Answer (Detailed Solution Below)

Option 3 : Social, Economic and Political reform
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Detailed Solution

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The correct answer is Social, Economic and Political reform.

Key Points

  • Article 19(1)(a) of the Indian Constitution guarantees citizens the fundamental right to freedom of speech and expression.
  • However, Article 19(2) allows the state to impose reasonable restrictions on this right for specific grounds such as decency, morality, public order, defamation, incitement to an offense, sovereignty and integrity of India, security of the state, and friendly relations with foreign states.
  • Social, Economic, and Political reform is not listed as a ground for restricting freedom of speech and expression under Article 19(2).
  • The purpose of Article 19(2) is to balance individual freedoms with public interest and national security concerns.
  • Restrictions under Article 19(2) must be reasonable and justifiable in accordance with constitutional values.

Additional Information

  • Freedom of Speech and Expression
    • It is regarded as one of the pillars of democracy, enabling individuals to freely express their opinions.
    • The right includes the freedom to express through words, writing, pictures, gestures, or other means.
    • However, this right is not absolute and is subject to reasonable restrictions under Article 19(2).
  • Reasonable Restrictions
    • Reasonable restrictions ensure that fundamental rights do not disrupt public order or violate the rights of others.
    • The term "reasonable" implies that restrictions must not be arbitrary or excessive and should align with democratic principles.
  • Important Grounds for Restrictions under Article 19(2)
    • Decency and Morality: Restrictions to prevent obscene or indecent content.
    • Public Order: To maintain peace and prevent chaos in society.
    • Defamation: To protect an individual's reputation against false and malicious statements.
    • Sovereignty and Integrity of India: To safeguard the nation's unity.
  • Judicial Interpretation
    • The Supreme Court of India plays a crucial role in interpreting what constitutes "reasonable restrictions."
    • In landmark cases like Romesh Thapar v. State of Madras (1950) and Shreya Singhal v. Union of India (2015), the Court has emphasized the importance of protecting freedom of speech while ensuring public interest.
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