Pratidin
2014 · GS2 · 12.5 marksMains

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

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Current affairs to use in your answer

Supreme Court: refusing to sing the National Song cannot be punished · 23 September 2026 · Covers one part · use it in the body

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.
New film certification guidelines notified for the CBFC · 19 September 2026 · Answers it directly · use it in the body

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.
Supreme Court: Bar Councils have no power to discipline law students · 4 September 2026 · Covers one part · use it in the example

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.

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