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The Constituent Assembly of India debated on freedom of speech and expression (Article 19(1) of the Draft Constitution,1948) on 1 December 1948, 2 December 1948 and 17 October 1949. The draft article read: 'Subject to the other provisions of this article, all citizens shall have the right – (a) to freedom of speech and expression; …
The Society for Un-aided Private Schools, Rajasthan (in Writ Petition (Civil) No. 95 of 2010) and 31 others pro-private school groups [32] petitioned the Supreme Court of India claiming that the act violates the constitutional right of private managements to run their institutions without governmental interference. [33]
Freedom of speech and expression has a long history that predates modern international human rights instruments. [4] It is thought that the ancient Athenian democratic principle of free speech may have emerged in the late 6th or early 5th century BC. [5] Freedom of speech was vindicated by Erasmus and Milton. [4]
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The Constitution (First Amendment) Act, 1951, enacted in 1951, made several changes to the Fundamental Rights provisions of the Indian constitution.It provided means to restrict freedom of speech and expression, validation of zamindari abolition laws, and clarified that the right to equality does not bar the enactment of laws which provide "special consideration" for weaker sections of society.
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Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recognised as a human right in the Universal Declaration of Human Rights and international human rights law .
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