By Jagat Konthoujam
In a democratic country, the importance of press is so great. The success of democracy depends upon free, fair, honest and independent press.
In keeping with the spirit of the universal declaration of human rights of 1948, the preamble of the Constitution embodies a solemn resolve of its people to secure, inter alia, to its citizens, liberty of thought and expression. In pursuance of this supreme objective Art. 19(1) (a) guarantees to the citizens, the right to ‘Freedom of Speech and the Expression’ as one of the Fundamental Rights listed in part III of the Constitution. The Right of Freedom of Speech and Expression covers freedom of press. The Constitution of India omits to mention freedom of press specifically in the guarantee of the Fundamental Rights. The ommission of reference to the liberty of the press was merely due to the fact that express mention of the liberty of press was considered unnecessary.
In other words, Freedom of Speech and Expression carries with it, the right to publish and circulate or propagate one’s views, opinions and ideas with complete freedom and by resorting to any available means of publication subject again to such restrictions can be legitimately imposed under Art 19(2). In a democratic form of Government itself demands its citizens an active and intelligent participation in the affairs of the society. So, the Freedom of Press is regarded as a species of which the Freedom of Expression is genus.
The Constitution of India does not expressly provide the freedom of press but it was held by the Supreme Court in Brij Bhusan Vs The State of Delhi, that this freedom is included in “Freedom of Speech and Expression’. The Freedom of Press is “the mother of all other liberties” in a democratic society. Freedom of Press has always been a cherished right in all democratic countries. Therefore, it has been rightly described as the fourth Estate. The democratic credentials of a state are judged today by the extent of freedom of press enjoyed in the State.
The freedom of speech and press are the same,- involve the same legal principles and the same public interest. The press in its historic connotation comprehends every sort of publication. The liberty of press is not confined to newspapers and periodicals. It necessarily embrances handbills and literature such as pamphlets and leaflets in the dissemination of opinion. The Freedom of Speech and Expression is exercisable so far the restriction is imposed by law. If any state action sets up barriers to such person, it would be violative of Art. 19(1)(a) of the Constitution.
No doubt the Freedom of the Press, if wholly free from restrictions would amount to uncontrolled licence leading to disorder and anarchy and it would be hazardous to ignore the vital importance of our social and national interest in public order. As stated above, the Freedom of Speech and Expression enshrined in Art. 19(1)(a) are not given in absolute terms but are subject to certain well-laid down restrictions. Clause (2) to Art 19 deals with limitations placed on Art 19 (1)(a), namely, on the Freedom of Speech and Expression. It contemplates restrictions on account of:-
1. Public order;
2. Decency or morality;
3. Contempt of court ;
4. Defamation;
5. Incitement to an offence and others.
The Supreme Court of India held that the rights conferred under Art 19(I) (a) of the Constitution of India is the natural law and common law rights and not created by a statute. In the case of State of West Bengal V. Suboth Gopal, while dealing with the scope of Art. 19(1)(a) of Constitution, the Supreme Court held that the right is great and basic right which is recognised and guaranteed as the natural right and inherent in the status of a citizen. Further, while the Supreme court dealing with the question as to how far the above rights can be exercised in DFO V. Biswanath Tea company, held that possession and enjoyment of such rights are subject to reasonable restrictions and conditions.
As such control is necessary and essential to the safety, health, peace, general order and morale of the community. In a free and democratic society, a citizen has right to say what he or she wishes, what is reasonable restriction or whether such a restriction abuses fundamental right, it is the duty of the court to decide and the executive cannot interfere without the sanction of law authorising such act or interference.
The duty of press is to collect information and inform the same to the public clearly. And in a democratic country, the Freedom of Press is very important for successful democracy and without which there would be no democracy. The Freedom of Press is the natural and inherent right in the status of the people and as such the same is recognised as fundamental right under part III of the Constitution of India.
So, the importance of press in a democratic set up can neither be minimised nor curtained as the Freedom of Press is the basic and fundamental of the democratic form of Government. If any of the executive action restricts the Freedom of Press, the same is against the nation and violates the Fundamental Rights of the citizens who are in a democratic country. And any form of denial is the deprivation of citizen’s fundamental right of the Freedom of Speech and Expression.
However, it is surprising to know that the armed forces and the State police personnel who are working for the people to protect the rights of the citizens are, at times, restraining the press reporters, journalist- collecting information in the area where combing operation or firing is going on by threatening the newspersons such action of the armed forces and the state police personnel who are working for the people under the Constitution of India is quite illegal and unconstitutional and itself is against the nation.
It is certainly a serious encroachment on the valuable and cherished right to the freedom of speech and expression. It is also important to highlight that the armed forces and the state police personnel have to execute and not to violate the right and liberties enshrined in the Constitution of India. If the armed forces and the state police personnel are invading against such right and liberties of the citizens, the action will be against the democracy and the nation.
Source: The Sangai Express
In a democratic country, the importance of press is so great. The success of democracy depends upon free, fair, honest and independent press.
In keeping with the spirit of the universal declaration of human rights of 1948, the preamble of the Constitution embodies a solemn resolve of its people to secure, inter alia, to its citizens, liberty of thought and expression. In pursuance of this supreme objective Art. 19(1) (a) guarantees to the citizens, the right to ‘Freedom of Speech and the Expression’ as one of the Fundamental Rights listed in part III of the Constitution. The Right of Freedom of Speech and Expression covers freedom of press. The Constitution of India omits to mention freedom of press specifically in the guarantee of the Fundamental Rights. The ommission of reference to the liberty of the press was merely due to the fact that express mention of the liberty of press was considered unnecessary.
In other words, Freedom of Speech and Expression carries with it, the right to publish and circulate or propagate one’s views, opinions and ideas with complete freedom and by resorting to any available means of publication subject again to such restrictions can be legitimately imposed under Art 19(2). In a democratic form of Government itself demands its citizens an active and intelligent participation in the affairs of the society. So, the Freedom of Press is regarded as a species of which the Freedom of Expression is genus.
The Constitution of India does not expressly provide the freedom of press but it was held by the Supreme Court in Brij Bhusan Vs The State of Delhi, that this freedom is included in “Freedom of Speech and Expression’. The Freedom of Press is “the mother of all other liberties” in a democratic society. Freedom of Press has always been a cherished right in all democratic countries. Therefore, it has been rightly described as the fourth Estate. The democratic credentials of a state are judged today by the extent of freedom of press enjoyed in the State.
The freedom of speech and press are the same,- involve the same legal principles and the same public interest. The press in its historic connotation comprehends every sort of publication. The liberty of press is not confined to newspapers and periodicals. It necessarily embrances handbills and literature such as pamphlets and leaflets in the dissemination of opinion. The Freedom of Speech and Expression is exercisable so far the restriction is imposed by law. If any state action sets up barriers to such person, it would be violative of Art. 19(1)(a) of the Constitution.
No doubt the Freedom of the Press, if wholly free from restrictions would amount to uncontrolled licence leading to disorder and anarchy and it would be hazardous to ignore the vital importance of our social and national interest in public order. As stated above, the Freedom of Speech and Expression enshrined in Art. 19(1)(a) are not given in absolute terms but are subject to certain well-laid down restrictions. Clause (2) to Art 19 deals with limitations placed on Art 19 (1)(a), namely, on the Freedom of Speech and Expression. It contemplates restrictions on account of:-
1. Public order;
2. Decency or morality;
3. Contempt of court ;
4. Defamation;
5. Incitement to an offence and others.
The Supreme Court of India held that the rights conferred under Art 19(I) (a) of the Constitution of India is the natural law and common law rights and not created by a statute. In the case of State of West Bengal V. Suboth Gopal, while dealing with the scope of Art. 19(1)(a) of Constitution, the Supreme Court held that the right is great and basic right which is recognised and guaranteed as the natural right and inherent in the status of a citizen. Further, while the Supreme court dealing with the question as to how far the above rights can be exercised in DFO V. Biswanath Tea company, held that possession and enjoyment of such rights are subject to reasonable restrictions and conditions.
As such control is necessary and essential to the safety, health, peace, general order and morale of the community. In a free and democratic society, a citizen has right to say what he or she wishes, what is reasonable restriction or whether such a restriction abuses fundamental right, it is the duty of the court to decide and the executive cannot interfere without the sanction of law authorising such act or interference.
The duty of press is to collect information and inform the same to the public clearly. And in a democratic country, the Freedom of Press is very important for successful democracy and without which there would be no democracy. The Freedom of Press is the natural and inherent right in the status of the people and as such the same is recognised as fundamental right under part III of the Constitution of India.
So, the importance of press in a democratic set up can neither be minimised nor curtained as the Freedom of Press is the basic and fundamental of the democratic form of Government. If any of the executive action restricts the Freedom of Press, the same is against the nation and violates the Fundamental Rights of the citizens who are in a democratic country. And any form of denial is the deprivation of citizen’s fundamental right of the Freedom of Speech and Expression.
However, it is surprising to know that the armed forces and the State police personnel who are working for the people to protect the rights of the citizens are, at times, restraining the press reporters, journalist- collecting information in the area where combing operation or firing is going on by threatening the newspersons such action of the armed forces and the state police personnel who are working for the people under the Constitution of India is quite illegal and unconstitutional and itself is against the nation.
It is certainly a serious encroachment on the valuable and cherished right to the freedom of speech and expression. It is also important to highlight that the armed forces and the state police personnel have to execute and not to violate the right and liberties enshrined in the Constitution of India. If the armed forces and the state police personnel are invading against such right and liberties of the citizens, the action will be against the democracy and the nation.
Source: The Sangai Express
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