Question

Read the case given below and answer the questions that follow.

Nidhi, a citizen of India, was the editor and publisher of a journal in English that published articles on political issues. One of the state governments banned the entry and circulation of her journal in its state under the Maintenance of Public Order Act. In response to the ban, Nidhi filed a writ petition before the Supreme Court claiming that the powers under the Act were an excessive restriction and had curtailed her fundamental rights. In response, the State argued that the restriction was for the purpose of public safety and public order.

1. Which fundamental right of Nidhi was violated by the action of the state government? (1)
2. Briefly comment on the importance of the fundamental right identified in subpart (i) above. (3)
3. Fundamental Rights may be subject to reasonable restrictions by the state.
   Give any four reasons for which reasonable restrictions may be imposed. (4)

Answer 1

1. The right to freedom of speech and expression under Article 19 was violated by the action of the state government.
2. Article 19 of the Indian Constitution is critical for preserving democracy's essential values by safeguarding individual liberties. It protects citizens right to free speech and expression, allowing them to share their thoughts, criticise government acts and fight for change. This encourages open dialogue and criticism, both of which are essential for democratic governance. This article also protects citizens rights to peaceful assembly, association and migration across the country, allowing them to organise, protest and influence legislation. It also safeguards the right to select one's profession or business, fostering economic liberty and personal growth. Article 19 lays the groundwork for a robust, active democracy in which civil rights are respected, allowing individuals and society to grow completely.
3. Fundamental rights are necessary for personal autonomy and dignity, yet they are not absolute. To balance individual freedoms with societal interests, the government may put reasonable constraints on these rights. Here are four reasons why such limits could be necessary:
   1. Sovereignty and Integrity of India: Fundamental rights can be restricted in order to maintain the country's sovereignty, unity and territorial integrity. This helps to prevent behaviours that jeopardise the nation's stability.
   2. Public Order: The government has the authority to impose reasonable limits to maintain public order and prevent disturbances that could affect the general population. This ensures that rights are utilised without jeopardising others peace and security.
   3. Decency or Morality: The government may prohibit some types of expression or behaviour that are regarded as indecent or immoral. This helps to maintain societal standards and values.
   4. State security: The government may impose limits to protect the nation from external threats or internal instability. This could include anti-terrorism legislation and measures that undermine the country's security infrastructure. The goal is to ensure national security and stability.