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Article 19 of the Constitution and the Freedom of Press

By Shri S. D. Karwande

Published In

Air 1980

Freedom of the Press has not been defined or specifically referred to in our Constitution. Article 19 (1) (a) of the Constitution of India provides that all citizens shall have the right to freedom of speech and expression. The Supreme Court in the case of Ramesh Thapar v. State of Madras, (AIR 1950 SC 124): (51 Cri LJ 1514) laid down that there can be no doubt that freedom of speech and expression includes freedom of propagation of ideas and that freedom is ensured by the freedom of circulation. The very ratio was confirmed in the case of Brij Bhushan v. State of Delhi (AIR 1950 SC 129): (51 Cri LJ 1525). In short, freedom of press was spelt out by the Courts out of right to freedom of speech and expression guaranteed by Article 19 (1) (a) of the Constitution of India. The term Freedom of Press is not capable of easy definition. The First Royal Commission in England (1947-1949) did not define the term. The Press Commission of India says that the term "Freedom of Press& ....

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