NTA-NET (UGC-NET) Political Science (02) Indian Government and Politics-Fundamental Rights Study Material (Page 10 of 13)

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Freedom of Press

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Freedom of Press

Unlike the US Constitution, Article 19 (1) (a) of the Indian Constitution does not expressly mention the liberty of the press but it has held that liberty of the press is included in the freedom of speech and expression. Therefore, the press has no special rights.

  • The expression means freedom from interference from authority which would have the effect of interference with the content and circulation of newspaper. It is the primary duty of the courts to uphold the freedom of the press and invalidate all laws or administrative actions, which interfere with it contrary to the constitutional mandate. (Indian Express Newspapers …

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What Are the Reasonable Restrictions? Exceptions to the Right to Freedom

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What Are the Reasonable Restrictions?

  • Reasonable restrictions are the balancing factor between the rights of the individual and the rights of the society. The determination by the legislature of what constitutes a reasonable restriction is not final and conclusive. It is subject to the supervision of the court (Chintaman Rao versus state of Andhra Pradesh, 1952) . Though the court starts with the assumption that the legislature is the best judge of what is good for its community by whose suffrage it comes into existence (Pathumma versus State of Kerala, 1978) . The ultimate responsibility of determining the reasonableness of t…

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