...with the petitioner's right to freedom of speech and expression guaranteed to him as a citizen of India by Article 19(l)(a) of our Constitution. The contention is that this section cannot be supported as a law imposing ...clause (2) of Article 19 of the Constitution was amended. Clause (2), as amended, protects a law insofar as such law imposes reasonable restrictions on the exercise of the right conferred by sub-c...disrupt the public order and the section, which penalises such activities, is well within the protection of clause (2) of Article 19 as being a law imposing reasonable restrictions on the exercise of...

...S.B Sinha, J.—Introduction1. Right of information is a fundamental right under Article 19(1)(a) of the Constitution. The State under clause (2) o...would appear that hardly any accident of serious nature had taken place in India. Mr Sorabjee would submit that right of information as contained in sub-clause (a) of clause (1) of Article 19 is subject to reasonable ..., however, no fundamental right in India is absolute in nature. Reasonable restrictions can be imposed on such fundamental rights. Clause (2) of Article 19 of the Constitution reads thus...

...argument. In the first place, clause (2) of Article 19 protects a law imposing reasonable restrictions on the exercise of the right to freedom of speech and expression “in the interest of public order...relating to religion and imposing restrictions on the right to freedom of speech and expression cannot claim the protection of clause (2) of Article 19. A reference to Articles 25 and 26 of the...aggravated form of insult is clearly to disrupt the public order and the section, which penalises such activities, is well within the protection of clause (2) of Article 19 as being a law imposing reasonable...

...hereinabove, the activity of flying the flag undoubtedly falls under Article 19(1)(a). There is no textual limitation on this right found in the article apart from the normal reasonable restrictions contai..., there can be no question of the Flag Code constituting a reasonable restriction under Article 19(2) of the Indian Constitution. Secondly, in any event, the restrictions, if and when imposed by law under...contains only executive instructions of the Government of India and, thus, being not a law, cannot be considered to have imposed reasonable restrictions in respect thereof within the meaning of clause (2) of ...

...of the basic structure of the Constitution. The “reasonable restrictions” are those which are meant to prevent the expression of a thought which is intrinsically dangerous to public interest and would not include anything else. The ...impose reasonable restrictions on the right conferred by Article 19(1)(a) is intended to safeguard the interests of the State and the general public and not of any individual, and, therefore, Article ..., Article 19(2), being an exception to Article 19(1)(a), needs to be construed narrowly and it cannot constrict the liberal interpretation warranted to be placed on Article 19(1)(a) of th...

...needs to be examined.10. The right to freedom of speech and expression is subject to reasonable restrictions under Article 19(2). Such restrictions can be in the intere...offence. Similarly, Article 19(1)(c) is also subject to reasonable restrictions under Article 19(4). Such reasonable restrictions can be made, inter alia, in the interest of publ...profession or calling, in the public interest, then such restrictions can be justified under Article 19(6), although they cannot be justified under Article 19(2) and (3).”...

...considering the width and sweep of this right as well as its fundamental importance in a democratic republic, this Court is also conscious that such a right is subject to reasonable restrictions under Article 19(...challenged by the State by filing a writ petition.3. The second complaint dated 19-5-2007 was filed by Appellant 2 on 19-5-2007 for obtaining similar information for the...seems to be implicit in the right of free speech and expression guaranteed under Article 19(1)(a). Therefore, disclosure of information in regard to the functioning of Government must be the rule and...

.... clause (2) of Article 19, therefore, does not affect the operation of any existing law or prevent the State from making any law insofar as such law imposes reasonable restrictions on the exercise of the ....11. But in India under Article 19(2) this wide concept of “public order” is split up under different heads. It enables the imposition of reasonable ...legitimately re-draft it in a way that it would conform to the provisions of Article 19(2) of the Constitution. It is not this Court's province to express or give advice or make general observations on situations that are n...

..., that such restrictions ought to be reasonable. Even so, it would be evident that the provision in Article 302 has a close parallel with clauses (2) to (6) of Article 19. Under clauses (...be required in the public interest. Though the expression “restrictions” in this article is not qualified by the word “reasonable”, we shall proceed on the assumption, for the purposes of this case...rendered are contemplated as different kinds of levy. The former is not intended to be a fee for services rendered. This is apparent from a consideration of Article 110(2) and Article 199(2) where both the...

...1002 Subba Rao, J., as he then was, observed (at p. 833):“But in India under Article 19(2) this wide concept of ‘public order’ is split up under different heads. It enables the impositio...K. Jagannatha Shetty, J.— These two petitions under Article 32 of the Constitution are for issue of a writ of habeas corpus for the release of Ram Ratan and Hawa Singh, who...have been detained under Section 3(2) of the National Security Act of 1980.2. Ram Ratan was a Head Constable and Hawa Singh was a Constable in the Security Unit of Delhi...

...can be made to control the organisation of such events only for the purposes of imposing reasonable restrictions in the interest of the sovereignty and integrity of the country, the security of the State, friendly relations with for...communication and their right to propagate or publish opinion. The communication of ideas could be made through any medium — newspaper, magazine or movie. But this right is subject to reasonable restrictions in the larger interests ...picture may produce if unrestricted exhibition is allowed. Censorship is thus permitted to protect social interests enumerated in Article 19(2) and Section 5-B of the Cinematograph Act. For this reason, need for prior restr...

...valuable right even from amongst the fundamental rights i.e the right to freedom of speech and expression. This right is conferred by Article 19(1)(a) but in turn, the Constitution itself requires its regulation in the interest of “...challenge in case of allegations of violation of the right to freedom guaranteed by clause (1) of Article 19 of the Constitution, on a prima facie case of such violation being made out, the onus shifts upon the State to show that th...& 19-24)“17. Clause (6) of Article 19 protects a law which imposes in the interest of general public reasonable restrictions on the exercise of the right...

....(f) The power of government to impose reasonable restrictions with respect to speech is circumscribed by Article 19(2) of the Constitution of India. By seeki...; Ramlila Maidan Incident, In re, (2012) 5 SCC 1, at Para 44] Therefore, for a restriction to pass the constitutional muster of Article 19(2), it should satisf...other person, makes the right to free speech absolutely meaningless.Restriction under Section 66-A falls outside the ambit of Article 19(2)11. It is submitted tha...

...speech, etc.— (1) All citizens shall have the right—(a) to freedom of speech and expression;”Article 19(2) which has relevance may also b...other citizens or to jeopardise public interest. It is manifest from Article 19(2) that the right conferred by Article 19(1)(a) is subject to imposition of reasonable restrictions in the ..., amongst others, public order, decency or morality or in relation to defamation or incitement to an offence. It is, therefore, obvious that subject to reasonable restrictions placed under Article 19(2) a...

...freedom of speech and expression is subject to reasonable restrictions under Article 19(2). Such restrictions can be in the interest of sovereignty and integrity of India, security of the State, f...relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence. Similarly, Article 19(1)(c) is also subject to reasonable ...speech, etc. Article 19 (1) (b) contemplates that all the citizens shall have right to assemble peaceably and without arms. The rights that are enshrined under Article 19 are not free from any restrictions...

...examining the scope of “reasonable restrictions” under Article 19(2) of the Constitution that can be placed on the freedom of speech and expression:“45. … Our...people. The fundamental freedom under Article 19(1)(a) can be reasonably restricted only for the purposes mentioned in Article 19(2) and the restriction must be justified on the anvil of necessity and...expressed by the appellant is fully protected under Article 19(1)(a) of the Constitution of India which guarantees freedom of speech and expression to all citizens. Furthermore, it was contended that...

...the right to propagate or publish opinion. The communication of ideas could be made through any medium, newspaper, magazine or movie. But this right is subject to reasonable restrictions on grounds set out under Article ...States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence. The Framers deemed it essential to permit imposition of reasonable restrictions in the larger interests of the co...certificate is given which is called ‘U’ certificate.13. Section 5-B provides principles for guidance in certifying films. It is significant to note that Article 19(2) has...

...term “reasonable”, as used in Article 19(2) of the Constitution, and submitted that the restrictions on the freedom of speech should be reasonable as mandated under Article 19 of...and expression, restrictions are provided under Article 19(2) of the Constitution, which read as under:“19. (2) Nothing in sub-clause (a) of clause (1) shall..., defamation or incitement to an offence.”37. The right provided under Article 19(1) has certain exceptions, which empower the State to impose reasonable restrictions in a...

...under Article 19(1) of the Constitution of India, which is subject to reasonable restrictions under Article 19(2). 4. Mr.N.Senthilkumar, learned Government Advocate, o...Heard Mr.V.Prakash, party-in-person and Mr.N.Senthilkumar, learned Government Advocate who has taken notice for the respondents. 2. This writ petition is filed for.... kh To 1. The Deputy Superintendent of Police Arakkonam. 2. The Inspector of Police Taluk Police Station Arakkonam. ...