What do you understand by the concept "freedom of speech and expression"? Does it cover hate speech also? Why do the films in India stand on a slightly different plane from other forms of expression? Discuss.
Question source: mrunal.org
Write a timed answer in the appCurrent affairs to use in your answer
Lets you show that freedom of expression includes the freedom to remain silent, and how courts have handled compelled patriotism, including in cinemas.
- In Bijoe Emmanuel (1986), expelling Jehovah's Witness students who stood respectfully but did not sing the anthem was held to violate Articles 19(1)(a) and 25.
- On 22 September 2026, a Bench led by CJI Surya Kant orally observed that a conscientious objector who does not sing Vande Mataram for religious reasons should not be prosecuted.
- In Shyam Narayan Chouksey (2018), the Court modified its 2016 order and made playing the National Anthem in cinemas optional.
Explains why films face prior certification, unlike other speech, and gives the latest changes to the regime.
- The CBFC certifies films under the Cinematograph Act, 1952, based on reasonable restrictions in Article 19(2); in K.A. Abbas (1970) the Court upheld pre-censorship but urged care.
- Guidelines notified on 16 September, the first revision since 6 December 1991, mandate a warning on scenes showing narcotics use; categories are U, UA 7+, UA 13+, UA 16+, A and S.
- The Shyam Benegal Committee (2016) recommended that the CBFC act as a certifying, not censoring, body.
Use the NALSAR episode as a recent example of how official action against speakers is challenged as a free speech issue.
- NALSAR students objected to the CJI's convocation invitation; the BCI Chairman then directed State Bar Councils not to enrol the 2026 batch and sought an inquiry into students and faculty.
- The petitioners argued the case concerned freedom of speech and expression across an entire university; the Court declared the communications 'without any authority of law', and such overreach can chill Article 19(1)(a) and 19(1)(c) rights.
Also related
- Shreya Singhal v. Union of India
Shreya Singhal separated discussion and advocacy from incitement, the key line for deciding when speech, including hate speech, can be restricted.
- 1st Amendment
The First Amendment added 'public order' and related grounds to Article 19(2), which frame any answer on limits to speech.
- World Press Freedom Index
Press freedom rankings give comparative context for the limits on Article 19(1)(a) that this question asks you to discuss.