Paper: GS – II, Subject: Polity, Topic: Rights issues, Issue: The misuse of free speech in political and public discourse raises questions.
Context:
Recent controversies over public discourse—including political provocation, selective outrage, and misinformation—have reignited the debate around constitutional boundaries of free speech. The article explores how freedom must be tempered by responsibility, drawing from India’s constitutional evolution and judicial interpretations.
Key Highlights:
- The First Amendment (1951) to Article 19(2) of the Constitution expanded permissible restrictions on speech—adding terms like public order, morality, and decency.
- Recent judicial remarks (e.g., Justice Surya Kant) call for disciplined discourse, especially in national crises like Operation Sindoor.
- Public debate often turns selective, with freedom defended in opposition but curtailed in power, distorting the liberal democratic ideal.
Critical Reflections:
- Free Speech ≠Unregulated Licence: Liberty must be exercised within the framework of constitutional morality, not partisan excess.
- Danger of Selective Outrage: Hypocrisy in defending speech only when politically convenient erodes democratic trust.
- Judicial Correctives: Courts increasingly insist that public communication aligns with civic and national responsibility.
- Historical Parallels: Events like the Emergency and textbook distortions (e.g., Savarkar in NCERT) highlight how freedoms are shaped by power.
Implications for Constitutional Governance:
| Dimension | Implication |
| Democratic Ethos | Liberty must preserve dignity, truth, and tolerance, not become a tool of manipulation or polarisation. |
| Judicial Oversight | Courts play a key role in balancing liberty and order, especially in times of national sensitivity. |
| Public Accountability | Political leaders, media, and influencers must avoid moral hypocrisy, upholding freedom consistently. |
| Civic Responsibility | Citizens must recognise that rights come with duties — to truth, public order, and constitutional spirit. |
Conclusion:
The essence of a constitutional democracy is not unlimited liberty but principled freedom rooted in collective responsibility. Whether criticising or governing, all stakeholders must ensure that speech serves the republic, not subverts it. Liberty is precious, but when weaponised or applied selectively, it becomes a threat to the very ideal it seeks to protect.
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