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Which of the following would be construed as a reasonable restriction of the right to freedom’?
When the state disallows a candidate from securing votes in the name of religion
When the state disallows citizens from forming a club out of State funds that denies access to women
When the Government of Nagaland disallows temporary residents to buy immovable property in Nagaland.
All of the above
‘Freedom of Speech and of Press lat at the foundation of all democratic organizations, for without free political discussion no public education, so essential for the proper functioning of the process of Government, is possible’
However Article 19(2) of the Constitution provides that this right is not absolute and ‘reasonable restrictions’ may be imposed on the exercise of this right for certain purposes. The right to freedom of expression includes the right to express ones views and opinions on any issue and through any medium whether it be in writing or by word of mouth. The phrase “speech and expression” used in Article 19(1) (a) has a broad connotation. This right includes the right to communicate, print and advertise the information. In India, freedom of the press is implied from the freedom of speech and expression guaranteed by Article 19(1)(a). The freedom of the press is regarded as a “species of which freedom of expression is a genus”[ii]. On the issue of whether ‘advertising’ would fall under the scope of the Article, the Supreme Court pointed out that the right of a citizen to exhibit films is a part of the fundamental right of speech and expression guaranteed by Article 19(1)(a) of the Constitution.[iii]
By: Parvesh Mehta ProfileResourcesReport error
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