The Constitution of India guarantees six basic freedoms to all citizens under Article 19, the first among them being the freedom of speech and expression under clause (1)(a).Constitution of India-Part III Article 19 Fundamental Rights. These six basic freedoms were considered vital by the framers of the constitution. However, Article 19(2) allows the state to impose reasonable restrictions in the interest of the sovereignty and integrity of India, the security of the state, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation, or incitement to an offence. Despite these constitutional guarantees, India ranked 157th out of 180 countries in Reporters Without Borders' World Press Freedom Index in 2026.

History The law in its current form finds its root in Section 295A of the Indian Penal Code, enacted by the British Administration in India. This section was inserted into the Indian Penal Code in 1927 via an amendmentAct 25 of 1927, s. 2. in the backdrop of a series of murders of Arya Samaj leaders who polemicized against Islam. This began in 1897 with the murder of Pandit Lekhram by a Muslim because he had written a book criticizing Islam. Koenraad Elst argues that "Section 295A was not instituted by Hindu society, but against it. It was imposed by the British on the Hindus in order to shield Islam from criticism". The murder series caught the limelight in December 1926 after the murder of Swami Shraddhananda, who was targeted for the protection he gave to a family of converts from Islam to Hinduism, in addition to writing Hindu Sangathan, Saviour of the Dying Race in 1926.

Precedent for this law started even before this. In a 1915 case against Arya Samaj preacher Dharm Bir, ten Muslims were sentenced for rioting, but Dharm Bir was also charged under section 298 for "using offensive phrases and gestures (...) with the deliberate intention of wounding the religious feelings" of another community, and under Section 153, for "wantonly provoking the riot which subsequently occurred," and "a judge was brought in who could assure conviction".

Constitutional antecedents The Constitution of India, 1950, was drafted by the Constituent Assembly from 1946 to 1950. However, this Constitution drew on a longer history of antecedent documents drafted either as legislation governing British India or as aspirational political documents.

The Constitution of India Bill, 1895, widely considered to be the first Indian articulation of a constitutional vision, contained the following provision related to freedom of speech and expression: "Every citizen may express his thoughts by words or writings, and publish them in print without liability to censure, but they shall be answerable for abuses, which they may commit in the exercise of this right, in the cases and in the mode the Parliament shall determine."

Other constitutional antecedent documents also contained provisions on freedom of speech and expression. These included the Commonwealth of India Bill (1925), Nehru Report (1928), and States and Minorities (1945). In most cases, these provisions contained some form of restriction on freedom of speech and expression.

The Debate in the Constituent Assembly

The Constituent Assembly of India debated the freedom of speech and expression (Article 19(1) of the Draft Constitution, 1948) on 1 December 1948, 2 December 1948, and 17 October 1949. The draft article read:

"Subject to the other provisions of this article, all citizens shall have the right – (a) to freedom of speech and expression; ...

Proviso: Nothing in sub-clause (a) of clause (1) of this article shall affect the operation of any existing law, or prevent the State from making any law, relating to libel, slander, defamation, sedition or any other matter which offends against decency or morality or undermines the security of, or tends to overthrow, the State."

Most members of the Constituent Assembly welcomed the inclusion of this right. However, conflict emerged around the provisions that placed restrictions on it: while some members opposed the inclusion of these restrictions, others supported them.

Members who opposed the restrictions argued that:

There is no point in having a right to freedom of speech and expression in the presence of restrictions. Putting restrictions on the freedom of speech and expression was a British practice.

Members who supported the restrictions argued that:

Restrictions were acceptable because the government was no longer a colonial one. The right to free speech is not absolute anywhere else in the world. The law, order, and security of the state cannot be compromised.

Ultimately, the Constituent Assembly voted on the Article and included the "Right to freedom of speech and expression" in the Constitution of India, 1950, with restrictions similar to those outlined in the Draft Constitution, 1948.

Constitutional law

In a landmark judgment of the case Maneka Gandhi v. Union of India,AIR 1978 SC 597. the Supreme Court held that the freedom of speech and expression has no geographical limitation and it carries with it the right of a citizen to gather information and to exchange thought with others not only in India but abroad also.

The constitution of India does not specifically mention the freedom of press. Freedom of press is implied from the Article 19(1)(a) of the Constitution. Thus the press is subject to the restrictions that are provided under the Article 19(2) of the Constitution. Before Independence, there was no constitutional or statutory provision to protect the freedom of press. As observed by the Privy Council in Channing Arnold v. King Emperor:AIR 1914 PC 116, 117. "The freedom of the journalist is an ordinary part of the freedom of the subject and to whatever length, the subject in general may go, so also may the journalist, but apart from statute his privilege is no other and no higher. The range of his assertions, his criticisms or his comments is as wide as, and no wider than that of any other subject". The Preamble of the Indian Constitution ensures to all its citizens the liberty of expression. Freedom of the press has been included as part of freedom of speech and expression under the Article 19 of the UDHR. The heart of the Article 19 says: "Everyone has the right to freedom of opinion and expression, this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers."

In Romesh Thapar v. State of Madras,, AIR 1950 SC 124. Patanjali Shastri, Chief Justice observed: "Freedom of speech and of the press lay at the foundation of all democratic organisations, for without free political discussion no public education, so essential for the proper functioning of the process of popular government, is possible."

The Supreme Court observed in Union of India v. Assn. for Democratic Reforms:, (2002) 5 SCC 294. "Onesided information, disinformation, misinformation and non-information, all equally create an uninformed citizenry which makes democracy a farce. Freedom of speech and expression includes right to impart and receive information which includes freedom to hold opinions".

In Indian Express v. Union of India,, (1985) 1 SCC 641. it has been held that the press plays a very significant role in the democratic machinery. The courts have duty to uphold the freedom of press and invalidate all laws and administrative actions that abridge that freedom. Freedom of press has three essential elements. They are: freedom of access to all sources of information,, AIR 1959 SC 395. freedom of publication, and freedom of circulation.

In India, the press has not been able to practise its freedom to express the popular views. In Sakal Papers Ltd. v. Union of India,, AIR 1962 SC 305. the Daily Newspapers (Price and Page) Order, 1960, which fixed the number of pages and size which a newspaper could publish at a price was held to be violative of freedom of press and not a reasonable restriction under the Article 19(2). Similarly, in Bennett Coleman and Co. v. Union of India,AIR 1973 SC 106; (1972) 2 SCC 788. the validity of the Newsprint Control Order, which fixed the maximum number of pages, was struck down by the Supreme Court of India holding it to be violative of provision of Article 19(1)(a) and not to be reasonable restriction under Article 19(2). The Court struck down the rebuttal of the Government that it would help small newspapers to grow.

In Romesh Thapar v. State of Madras (1950), entry and circulation of the English journal "Cross Road", printed and published in Bombay, was banned by the Government of Madras. The same was held to be violative of the freedom of speech and expression, as "without liberty of circulation, publication would be of little value". In Prabha Dutt v. Union of India (1982), the Supreme Court directed the Superintendent of Tihar Jail to allow representatives of a few newspapers to interview Ranga and Billa, the death sentence convicts, as they wanted to be interviewed.

There are instances when the freedom of press has been suppressed by the legislature. The authority of the government, in such circumstances, has been under the scanner of judiciary. In the case of Brij Bhushan v. State of Delhi (AIR 1950 SC 129), the validity of censorship previous to the publication of an English Weekly of Delhi, the Organiser was questioned. The court struck down the Section 7 of the East Punjab Safety Act, 1949, which directed the editor and publisher of a newspaper "to submit for scrutiny, in duplicate, before the publication, till the further orders, all communal matters all the matters and news and views about Pakistan, including photographs, and cartoons", on the ground that it was a restriction on the liberty of the press. Similarly, prohibiting newspaper from publishing its own views or views of correspondents about a topic has been held to be a serious encroachment on the freedom of speech and expression., AIR 1957 SC 896; Express Newspapers v. Union of India, AIR 1958SC 578, 617.

Restrictions

Under Indian law, the freedom of speech and of the press do not confer an absolute right to express one's thoughts freely. Clause (2) of Article 19 of the Indian constitution enables the legislature to impose certain restrictions on free speech under following heads: I. security of the State, II. friendly relations with foreign States, III. public order, IV. decency and morality, V. contempt of court, VI. defamation, VII. incitement to an offence, and VIII. sovereignty and integrity of India.

Reasonable restrictions on these grounds can be imposed only by a duly enacted law and not by executive action., (1986) 3 SCC 615.

Security of the State Reasonable restrictions can be imposed on the freedom of speech and expression, in the interest of the security of the State. All the utterances intended to endanger the security of the State by crimes of violence intended to overthrow the government, waging of war and rebellion against the government, external aggression or war, etc., may be restrained in the interest of the security of the State., AIR 1952 SC 329. It does not refer to the ordinary breaches of public order which do not involve any danger to the State.

Friendly relations with foreign States This ground was added by the Constitution (First Amendment) Act of 1951. The State can impose reasonable restrictions on the freedom of speech and expression, if it tends to jeopardise the friendly relations of India with other States.

Public order This ground was added by the Constitution (First Amendment) Act, 1951 in order to meet the situation arising from the Supreme Court's decision in Romesh Thapar's case (AIR 1950 SC 124). The expression 'public order' connotes the sense of public peace, safety and tranquillity.