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freedom of speech

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  • 9 Historical Constitutions: 9 paragraphs

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CAD | Volume no.9 | 1st September 1949
9.129.148
     Sir, my contention is that any law which restricts the freedom of speech of an individual, or freedom of expression of the Press-because the freedom of the Press is only an extension of the principle of the freedom of speech of an individual-any law that abridges that right, is inconsistent with article 8, and is void. As it is, we by one p...
9.129.145
     This provision is only a safeguard in the hands of the Government against the unrestricted use of the right of freedom of expression. Now, when a State seeks to tax the press, as such, it certainly seeks to tamper with the right of the freedom of speech. It is, of course, an accepted principle of law that what cannot be done directly by the...

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CAD | Volume no.10 | 17th October 1949
10.154.104
As far 'defamation', under which such contempt usually comes it is covered by the provisions in the Penal Code. This question of defamation is a very intricate one. In so far as civil defamation is concerned truth is absolute defamation but so far as the criminal defamation is concerned the greater the truth the greater the defamation. When you...
10.154.102
Therefore my submission is that the essence of any of these sections is that a wrong motion or wrong conduct or attitude is penalized and not speech by itself. The courts are empowered to take cognizance of the act of contempt and there and then deal with these offences. My first contention, therefore, is that these sections 175, 178, 180 and 2...

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CAD | Volume no.7 | 2nd December 1948
7.65.91
If we confine ourselves to an examination of clause(1), we find, Sir, that the rights granted to the citizens of India under this article are many. Sub-clause (a) specifically grants freedom of speech and expression--for securing which, as you and the majority of the Members of this House are aware, we resorted to individual Satyagraha under the...
7.65.17
I would have myself preferred that these rights were granted to our people without the restrictions that have been imposed. But the conditions in our country do not permit this being done. I deem it necessary to submit my views in respect to some of the rights. I find that the first sub-clause refers to freedom of speech and expression. The rest...

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CAD | Volume no.9 | 31st August 1949
9.128.358
     : The question is:      "That entry No.70A stand part of List I." The motion was adopted.  Entry 70A was added to the Union List.
9.128.354
     : Once the Centre has sanctioned that the film is a good film and conforms to moral standards, I do not see any reason why there should be any further provision for the exhibition at all. The matter ends.

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CAD | Volume no.7 | 1st December 1948
7.64.13
Now, Sir, this article 13 guarantees freedom of speech and expression, freedom to assemble peaceably and without arms, to form association and unions, to move freely throughout the territory of India, to sojourn and settle in any territory, to acquire and hold and dispose of property, and to practice any profession or trade or business. While th...
7.64.213
In considering article 15 also the House will come to the conclusion that the most important of the Fundamental Right of personal liberty and life has not been made justiciable nor mentioned in article 13. If the House has in its mind the present position in the country, it will come to the conclusion that the present state of things is anything...

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CAD | Volume no.9 | 9th September 1949
9.136.234
A third consideration which prevailed with the Drafting Committee as well as with myself was that in view of the fact that newspapers were connected with fundamental rights, namely the freedom of expression and thought, it was desirable that any imposition that was levied upon them should be uniform and not vary from province to province. Such u...
9.136.233
The second thing is that so far as any regulation of fundamental rights is concerned, under article 27 of the Constitution which we have already passed we have left all matters of legislation regarding fundamental rights to Parliament and we have not left any power with the States. It therefore appeared to me and also to the Drafting Committee t...

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CAD | Volume no.10 | 10th October 1949
10.147.151
     Mr. President, Sir, a great deal of the criticism of the amendment moved by my Friend, Mr. Krishnamachari, proceeds on an entire misapprehension. It is necessary to have in view what exactly is the object of this clause. Our Constitution has made certain fundamental changes in the structure of the Constitution, in the distribution of powers...
10.147.150
    Therefore it seems to me, Sir, that you have only trumpeted to the whole world that you have given these Fundamental Rights. I do not say that the, Law Minister will behave in this manner. I think he will not behave in this manner but he might ask someone in his chamber to go into this matter. I cannot possibly agree to delegate this power t...

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CAD | Volume no.8 | 19th May 1949
8.87.309
The other part relates to the immunity with regard to publication of the proceeding of the House, which bears on the freedom of speech. Here, Mr. President, with your indulgence, I would like to place certain historical facts which should be carefully considered by every single Members of this House. You are going to provide that whatever you d...
8.87.284
I wish to draw the attention of the House to certain aspects of article 85. it deals with the privileges and immunities of Members. The first clause says that there shall be freedom of speech in Parliament. The second clause says that publication is also privileged provided it is a publication by or under the authority of either House of Parliam...

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CAD | Volume no.9 | 20th August 1949
9.120.103
    Then we come to article 13 which guarantees the freedom of speech, and to assemble peacefully and without arms, to form associations and move freely from one place to another and so forth. But these are also hedged in by conditions, that in making the speeches we should not commit libels, slander or defamation; that there should not be viola...
9.120.106
    These Sir, in general, are some of the more important fundamental rights guaranteed in so many words by the Constitution. There are others, but it is not necessary to recapitulate them. May I ask what earthly purpose could be served by suspending these rights ? In most cases, the suspension of these rights as I have pointed out would lead to...

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CAD | Volume no.3 | 29th April 1947
3.18.17
Sir, there are other examples of this kind that I could give; but I do not think that I need do so in order to illustrate what I have in mind. Now, I will give an illustration or two to show where matters which can hardly be called justiciable have been included in the Report. Clause 8 deals with certain familiar fundamental rights; the freedom...
3.18.37
We thus find that the feeling among Congressmen in general, as evidenced by this circular of the Constituent Assembly section of the Congress Party, is for extended fundamental and civic rights which will enable the country to function in a free manner and for political oppositions to grow. What is the necessity of fundamental rights in a bourg...

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CAD | Volume no.9 | 10th September 1949
9.137.264
Coming to the vital matter which lies concealed behind these amendments is the question of the abolition of the zamindari. Somehow or other some persons think that zamindari property is no property at all and they should be expropriated without any mercy or compensation on the absurd ground that it would be for the benefit of the public, as if ...
9.137.263
Then there is clause (5) of article 13 which limits to a certain extent by prescribing certain restrictions. The only restriction mentioned is "reasonable restriction on the exercise of any of those rights for the general public." The only condition is that I must not "exercise' my rights over property to the detriment of the public. Rights to ...

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CAD | Volume no.8 | 20th May 1949
8.88.10
There is second reason why I want that this provision should find a place in our Constitution and it is that at the very outset of parliamentary democracy, we must not create a condition in the country wherein one-party Government becomes permanent and a party thinks that it has come into power and it is has to remain in power for all time to c...
8.88.9
But, besides this, as I suggested at the outset, during the last ten years there has not been any effective Opposition at all either in the Dominion Parliament or in the Provincial Assemblies. The result is that there have been utterances from certain responsible persons which have gone to suggest as if the party and the State are same. I know ...

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CAD | Volume no.9 | 4th August 1949
9.111.71
So, that freedom of speech and expression can be exercised only subject to this last clause. This means that the State can make any law to restrict freedom of speech and expression to prevent the undermining and overthrow of the State. The Fundamental Right itself prescribes the limitation to that right in an emergency. I do not see the necessi...
9.111.70
My amendments come to this, that during an emergency the Parliament alone will have the power to suspend the Fundamental Rights given under article 13. Otherwise, if the rights become automatically suspended and the executive authority can do what it likes in this regard, it would be an extraordinary state of affairs. This is a matter of fundam...

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CAD | Volume no.7 | 8th November 1948
7.51.118
Another point which I want to mention is regarding the Fundamental rights, namely the one which concerns our basic rights. They have been stated in grandiloquent style, but the many limitations made therein have lessened the grandiloquence. Seth Damodar Swarup had moved an amendment on behalf of his party, which was lost. The object of his amend...
7.51.19
Now I come to Article 13 which refers to freedom of speech, assembly or association. These are conceded but have been hedged in by such provisos and conditions that they reduce them to a nullity. I think addition of the words 'subject to reasonable requirements of public order and morality' would be enough. The Honourable Mover said that in Amer...

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CAD | Volume no.7 | 5th January 1949
7.80.7
     The other thing is that we had consulted the Provincial Governments and they have all agreed more or less in the necessity of a Central Board of Censors for films. In this respect also, the Central Government should have powers and for that purpose also we propose to introduce a sort of amendment in this Act. Both the Provincial Governments...

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CAD | Volume no.11 | 23rd November 1949
11.163.69
The criticism in regard to Fundamental Rights has been that the exceptions strike at the very foundation of the rights. This criticism is entirely without foundation. The exceptions and qualifications introduced into the articles reproduce in statutory form the well-recognised exceptions and limitations on the Fundamentals Rights dealt with in ...

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CAD | Volume no.7 | 9th November 1948
7.52.106
 Then, coming to the Fundamental Rights, we find that while freedom of speech and freedom of association etc. have been given by one hand, they have been taken away by the other. The Clauses that follow have done away with all those rights which have been given in the first clause of Article13. Similarly, if we look at the Directive Principles o...

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CAD | Volume no.7 | 6th December 1948
7.67.92
Mr. Vice-President, Sir, I stand here to support this article. This article has to be read with article 13, article 13 has already assured freedom of speech and expression and the right to form association or unions. The above rights include the right of religious speech and expression and the right to form religious association or unions. There...

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CAD | Volume no.3 | 30th April 1947
3.19.123
With regard to provisions to (a), (b) and (c) as the motion for deletion of the same stands in my name, with your permission, I would move that these provisos be deleted. My point is that when we are giving the right to every citizen the freedom of speech, it is certainly desirable that we should not restrict this liberty by these provisos. I do...

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Historical Constitutions | 2nd April 1945 | Gandhian Constitution for Free India (Shriman N...
SR.103
3. Subject to the principles of non-violence and public morality, every citizen shall enjoy freedom of person freedom of speech; freedom of assembly, combination anddiscussion.

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Historical Constitutions | 1948 | Draft Constitution of the Republic of India (So...
DCS.26
25. The citizens are guaranteed, consistent with other provisions of the Constitution and public order and morality, (a) freedom of speech and expression; (b) freedom of the press ; (c) freedom to assemble peacefully without arms; (d) freedom to form associations and unions; (e) secrecy of postal, telegraphic and telephonic communications.

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Historical Constitutions | 21st February 1948 | Draft Constitution of India, 1948
DC.13
13. (1) Subject to the other provisions of this article, all citizens shall have the right-(a) To freedom of speech and expression;(b) To assemble peaceably and without arms;(c) To form associations or unions;(d) To move freely throughout the territory of India;(e) To reside and settle in any part of the territory of India;(f) To acquire, hold a...

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Historical Constitutions | 1945 | States and Minorities (Dr. B.R. Ambedkar, 1945)
SM.25
12. No law shall be made abridging the freedom of Speech, of the Press, of Association and of Assembly except for consideration of public order and morality.

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CAD | Volume no.7 | 4th November 1948
7.48.236
In the second place, it is wrong to say that fundamental rights in America are absolute. The difference between the position under the American Constitution and the Draft Constitution is one of form and not of substance. That the fundamental rights in America are not absolute rights is beyond dispute. In support of every exception to the fundame...

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CAD | Volume no.11 | 24th November 1949
11.164.53
  At least in one aspect of this Constitution, I most categorically hold that the Fundamental Rights of meeting and forming associations should under no circumstances have been circumscribed or limited by any provisos. I would rather take my inspiration from the American Constitution in this respect where they prescribe the Fundamental Rights bo...

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CAD | Volume no.11 | 17th November 1949
11.158.101
    Sir, every effort has been made in this Constitution to see that the Judiciary is put above any kind of influence of the Executive. What more do you want, I ask? We have taken pains to see that howsoever great influence the Executive have, it should have nothing to do with the Judiciary, so that the rights and privileges of the citizens shou...

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Historical Constitutions | 1928 | Nehru Report (Motilal Nehru,1928)
NR.4
4. (i) All powers of government and all authority, legislative, executive and judicial, are derived from the people and the same shall be exercised in the Commonwealth of India through the organisations established by or under, anddue process of this constitution. (ii) No person shall be deprived of his liberty, nor shall his dwelling or proper...

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Historical Constitutions | 1895 | The Constitution of India Bill (Unknown, 1895)
CIB.17
16. Every citizen may express his thoughts by words or writings, and publish them in print without liability to censure, but they shall be answerable for abuses, which they may commit in the exercise of this right, in the cases and in the mode the Parliament shall determine.

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Historical Constitutions | 26th January 1930 | Declaration of Purna Swaraj (Indian National Co...
PS.5
Politically, India’s status has never been so reduced as under the British regime. No reforms have given real political power to the people. The tallest of us have to bend before foreign authority. The rights of free expression of opinion and free association have been denied to us, and many of our countrymen are compelled to live in exile abro...

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Historical Constitutions | 1925 | The Commonwealth of India Bill (National Conven...
CB.13
7. (a) No person shall be deprived of his liberty, nor shall his dwelling or property be entered, sequestered, confiscated, save in accordance with law and by duly constituted Courts of Law. (b) Freedom of conscience and the free profession and practice of religion are, subject to public order or morality, hereby guaranteed to every person.(c) T...

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CAD | Volume no.11 | 21st November 1949
11.161.74
: Yes, so-called Criminal Tribes. Article 19 deals with protection of certain rights regarding freedom of speech etc. with provisos. I hope this article may not be used as a weapon against the rival political parties and labour leaders I am glad to see in the Constitution that begar and forced labour are abolished and the curse on untouchables f...

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Historical Constitutions | 1931 | Karachi Resolution (1931)
KR.2
1. Fundamental rights of the people such as i. Freedom of association and combination. ii. Freedom of speech and press, iii. Freedom of conscience and the free profession and practice of religion, subject to public order and morality, iv. No disability to attach to any person of religion, caste or creed In regard to public employment, office of...
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