Article 19(1) (a) of the Indian constitution deals with the freedom of speech and expression. Article 19(1) (a) of the Indian constitution says that all citizens shall have the right to freedom of speech and expression. It means the right to express once on freedom of ideas, opinions and convictions. The freedom of speech includes liberty to propagate not only once own views but also to propagate or publish the views of other people. Here, there is a need to analyze Article 19(1) (a) of the Indian constitution and some of the relevant cases in which Article 19(1) (a) is applied to understand this Article in a detailed manner.
In one of the famous case, Bijoi Emmanual v State of Kerala, there are three children belonging to Jehovah’s Witness expelled from their school for refusing to sing national anthem. The curriculum issued by the director of public instruction, Kerala had made it obligatory for the students in the school to sing national anthem. The children in this case stood up respectfully when the national anthem was sung but they didn’t joined in the singing. So, according to them it was against their religious faith which does not permit them to join in any ritual except the prayer to their god Jehovah. The Supreme Court held that no person can be compelled to sing national anthem if he has a genuine objection based on his religious faith. Bijoi Emmanual v State of Kerala case is otherwise known as National anthem case. There is a need to analyze some more cases to understand freedom of speech and expression guaranteed under Article 19(1)(a).
In an important case, Secretary, Ministry of Information and Broad casting v Cricket Association of Bengal the Supreme Court had extended the scope of Article 19(1) (a) of the Indian constitution and held that the government has no monopoly on the electronic media and a citizen has under Article 19(1) (a) of the Indian constitution the right to telecast and broadcast to the viewers or listeners through electronic media like television, radio on any important event.
In another relevant case, Tata Press limited v Mahanagar Telephone Nigam Limited, the court held that the commercial advertisement is a part of the freedom of speech and expression guaranteed under Article19(1)(a) of the Indian constitution and it can be restricted on the grounds specified under Article 19(2) of the Indian constitution. In another important case, Union of India v Naveen Jindal, Supreme Court held that the right to fly national flag with respect and dignity is a fundamental right of a citizen within the meaning of Article 19(1)(a) of the Indian constitution. Union of India v Naveen Jindal case is also known as National flag case.
Therefore we have analyzed in detail about the freedom of speech and expression guaranteed under Article 19(1)(a) of the Indian constitution and had also looked into some of the relevant and important case laws in which Article 19(1)(a) is applied. It is true that Article 19(1) (a) of the Indian constitution is having its own importance.
