Liberty vs License, Revisiting India’s Free Speech Debate in Constitutional Context
Why in News?
Recent judicial remarks on “constitutional responsibility” in speech cases and political controversies over military discourse have reignited debate about India’s free speech boundaries, tracing back to Nehru’s First Amendment (1951) that expanded state power to restrict expression. 
Historical & Constitutional Framework
1. First Amendment’s Legacy
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Original Article 19(2): Only allowed speech restrictions for defamation, contempt of court, security
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1951 Changes: Added “public order”, “foreign relations”, “morality” as grounds – enabled preventive censorship
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Judicial Impact: Shifted from libertarian (Romesh Thapar case) to order-centric approach
2. Contemporary Judicial Stance
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Justice Surya Kant’s ruling: “National crisis demands speech restraint”
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Contrast with Shreya Singhal (2015): Struck down vague IT Act provisions
Key Controversies
1. Political Hypocrisy
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Left: Protested Emergency-era censorship but supports campus speech codes
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Right: Criticized “intolerance” rhetoric but backs UAPA prosecutions
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Data: 67% sedition cases 2010-20 against anti-govt voices (Article 14 report)
2. Military Discourse
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SP’s Ram Gopal Yadav: Questioned IAF officers’ caste
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UP Congress’ Ajay Rai: Mocked Rafale jets (used by Pak propaganda)
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Danger: Erodes operational security and national unity
3. Elite vs Subaltern Speech
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Case Study: BJP spokesperson’s event cancellation vs elite academic outcry
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Irony: Marginalized voices face censorship while privileged get platforms
Global Parallels
| Issue | India | West |
|---|---|---|
| Cancel Culture | Institutional deplatforming | University speech codes |
| National Security | UAPA prosecutions | US “Patriot Act” surveillance |
| Political Speech | EC’s “silence periods” | UK’s Online Safety Bill |
Way Forward
1. Legislative Reforms
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Codify “clear and present danger” test (US precedent)
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Amend Section 124A to prevent misuse
2. Institutional Responsibility
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Media: Avoid sensationalizing military matters
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Judiciary: Uniform standards across political spectrums
3. Civic Culture
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Teach Mill’s “harm principle” in schools
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Protect dissent without endangering national security
Quote: “When elites weaponize free speech against the marginalized, liberty becomes licence for the powerful.” – Constitutional Scholar
5 Key Questions
Q1: How did the First Amendment change free speech protections?
A1: Expanded state’s power to restrict speech from 3 to 8 grounds, enabling preventive censorship.
Q2: Why is military discourse sensitive?
A2: Pakistan exploits internal debates (like Rafale mockery) for propaganda, endangers ops.
Q3: What’s the “elite vs subaltern” speech divide?
A3: Marginalized voices face cancellation without support systems available to privileged critics.
Q4: How does India compare globally on speech?
A4: Similar to West in balancing security/dissent but lacks procedural safeguards like US.
Q5: What’s the ideal speech framework?
A5: Mill’s principle – freedom unless causing direct harm, applied uniformly across ideologies.
