ARTICLE 19: A CRITICAL ANALYSIS OF FREEDOM OF SPEECH AND EXPRESSION IN INDIA

Article 19[1] of the Indian Constitution guarantees citizens the fundamental right to freedom of speech and expression. This right is considered the foundation of democracy, enabling individuals to express their opinions freely, which is essential for a participatory and transparent government. Over the years, the Supreme Court of India has elaborated on this right, weighing it against other constitutional values such as public order, decency, morality, and state sovereignty. However, this freedom is not without limits, and reasonable restrictions are in place, leading to significant legal debates and judicial interpretations. Landmark cases like Maneka Gandhi v. Union of India and Shreya Singhal v. Union of India[2] have significantly influenced the understanding and scope of this fundamental right. Recently, challenges such as hate speech, misinformation, and digital censorship have further complicated the practical application of Article 19. This article critically examines the evolving judicial discourse surrounding Article 19, recent legislative trends, and the ongoing challenges to free speech, aiming to provide a thorough perspective on its impact on Indian democracy.