As per the Supreme Court which of the following included in the Freedo...
Supreme Court is the highest judicial authority in India and it plays a crucial role in interpreting and safeguarding the fundamental rights enshrined in the Constitution. Among the various fundamental rights, the right to freedom of speech and expression is considered to be one of the most important rights in a democratic society. The Supreme Court has consistently recognized and expanded the scope of this right to ensure its effective implementation and protection.
Right against tapping of telephonic conversation:
- The right to privacy is an integral part of the right to freedom of speech and expression. The Supreme Court has held that tapping of telephonic conversations infringes upon the right to privacy unless it is done in accordance with the procedure established by law.
- The Court has laid down various guidelines and safeguards to prevent misuse of this power. For instance, it has held that interception can only be done for a valid reason such as national security or public order, and it should be authorized by a competent authority.
- The Court has also emphasized the need for judicial oversight and periodic review of the intercepted conversations to prevent abuse of power.
Right to know about government activities:
- The right to know about government activities is an essential aspect of the right to freedom of speech and expression. It enables citizens to participate in the democratic process and hold the government accountable.
- The Supreme Court has recognized the right to information as a fundamental right under Article 19(1)(a) of the Constitution, which guarantees the right to freedom of speech and expression.
- The Court has held that citizens have a right to access information held by public authorities, subject to reasonable restrictions. It has also directed the government to enact a comprehensive legislation to facilitate the exercise of this right.
Right against bandh called by a political party or organization:
- The Supreme Court has recognized that the right to freedom of speech and expression includes the right to peaceful protest and assembly.
- However, the Court has held that the right to protest and express dissent does not extend to calling for a bandh or a shutdown, as it violates the rights of others and disrupts public order.
- The Court has observed that while individuals have the right to protest, they do not have the right to enforce a shutdown or prevent others from carrying out their normal activities.
- The Court has emphasized that protests should be conducted in a peaceful and non-coercive manner, and any violation of the law or disruption of public order would be dealt with firmly.
In conclusion, the Supreme Court has recognized and protected the right against tapping of telephonic conversation, the right to know about government activities, and the right against bandh called by a political party or organization as part of the broader right to freedom of speech and expression. These rights are essential for the functioning of a democratic society and the Court has played a crucial role in upholding and expanding their scope.
As per the Supreme Court which of the following included in the Freedo...
Freedom of speech and expression is the
most basic of all freedoms granted to the citizens of India. J Patanjali Shastri has said in the case of Romesh Thaper vs State of Madras AIR 1950 SC that freedom of speech and that of the press lay at the foundation of a democratic society, for
without free political discussions, no public
education is possible, which is so important for the proper functioning of the govt.
It allows us to freely express our ideas and
thoughts through any medium such as print,
visual, and voice. One can use any communication medium of visual representation such as signs, pictures, or movies. Freedom of speech would amount to nothing if it were not possible to propagate the ideas. Thus, the freedom of publication is also covered under freedom of speech. Freedom of speech serves 4 purposes
allows an individual to attain self
fulfillment.
assists in the discovery of truth.
it strengthens the capacity of a person to
make decisions.
it facilitates a balance between stability
and social change.
This right is not only about communicating your ideas to others but also about being able to publish and propagate other people's views as well. Thus, freedom of speech and expression is linked to the people's right to know. Freedom of speech and expression is a broad term and
encompasses several things. The following are important cases that have determined the extent of this right from time to time.
Freedom of press Freedom of commercial advertisements.
Right against tapping of telephonic conversation
Right to telecast
Right to know about government activities.
Right against bandh called by a political party or organization
Freedom of silience.
Right to demonstration or picketing but not
strike.