Right to freedom of expression and freedom of opinion are among the most fundamental rights in a democratic republic . The prerequisite for a political system to run in a democratic way is to provide its citizens with the power to form their opinion on certain issues and express their views unhindered, unfettered by the fear of retribution. It allows people of the country to freely engage in the social, cultural as well as political affairs. In India, this right, the right to freedom of expression is protected under the Article 19(1)(a) and is fundamental to our democracy. However Article 19 (2) imposes certain reasonable restrictions on all the fundamental rights constituting that of freedom of speech and expression.
This right available solely for the citizens of India, not for the citizens of other country. The restrictions imposed with respect to this fundamental right are in the interest of the sovereignty and integrity of India, protection of the republic, cooperative relationships with foreign states, public order, decorum and morality and contempt of court, defamation and stimulation of an offence. The people of India declare their solemn resolve to secure to all the citizens, liberty of thought and expression in the Preamble to the Constitution of India.
At the same time, a law punishing statement made with the deliberate intention to hurt the cultural, religious or sentimental feelings of any class of people is necessary because it imposes a restriction on the right of free speech in the interest of public order. For the speech or expression that has tendency to lead to a breach of the peace or to create public disorder, there must be sound and proper nexus or link between the restrictions and the attainment of public order.
Freedom of expression is a basic requirement that should be fulfilled by every civil society. But, in this age of modernization, this right is just not limited to expressing one's views through words but it also includes circulating one's views in writing or through audiovisual instrumentalities, through advertisements and through any other communication channel. It incorporates the right of information, and freedom of the press as well. Freedom of speech and expression is like a buttress to a democratic government and should be regarded as the first condition of liberty.
