Curbing Free Speech by Iron Fist Ruling: Need for Reform

  • Apara Mahishi
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  • Apara Mahishi

    LL.M. Student at Symbiosis Law School, Pune, India

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Freedom of Speech and Expression is an essential freedom that must be conferred to the citizens of all democracies of the world where people are the supreme authority. It is a means to participate in a democracy where people can express their views with full liberty. This freedom of speech and expression is enshrined in the Constitution of India as a basic right with certain reasonable restrictions upon absolute exercise of this right. In the recent years, it has been observed that problems arise as to the enforcement of the Fundamental Rights in India due to the conflicts taking place between these rights and few pre-constitutional laws still in existence. State limits the citizens of the country to voice their opinions in the guise of public order and peace of the country. The highlight of the article is the question whether such restrictions are reasonable enough to be included in our constitution or is there a need to reform the existing laws. A critical analysis of criminal laws such as Sedition and imposing urgent orders under Section 144 of the Code of Criminal Procedure helps to substantiate the arbitrary use of powers given to the State. Through this article, by proposing certain recommendations, there is an effort to answer pertinent questions and scrutinize the ambit of restrictions under Article 19 in the light of other statutes.


Research Paper


International Journal of Legal Science and Innovation, Volume 3, Issue 3, Page 972 - 980


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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (, which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


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