Liberty Is Not Licence

(Source: Editorial Page, The Indian Express)

Topic: GS4: Ethics in Public Discourse, Liberty and Responsibility; GS2: Fundamental Rights, Reasonable Restrictions

Context

In the backdrop of controversies involving the arrest and prolonged detention of Professor Ali Khan Mahmudabad, this editorial addresses the nuanced distinction between freedom of expression and its misuse. It reflects on how liberty, particularly in speech, must be understood not as absolute but as inherently tied to responsibility and public morality.

Constitutional Framework:

• Article 19(1)(a) of the Constitution guarantees freedom of speech and expression.

• However, Article 19(2) permits reasonable restrictions in the interest of public order, decency, morality, sovereignty, and integrity of India.

• The editorial reaffirms that liberty does not imply unbounded license to provoke, defame, or disrupt public harmony.

Ethical Boundaries of Expression:

• Liberty must be exercised with restraint, especially by public intellectuals and influential figures.

• Expressing dissent is democratic, but inciting distrust against national institutions without evidence may justify scrutiny.

Role of Judiciary:

• The courts must carefully evaluate intention vs. interpretation in controversial speech.

• The editorial leans toward the need for balanced adjudication, ensuring neither liberty is abused nor restrictions are misused.

Societal Implications:

• An unchecked culture of provocation under the banner of liberty can deepen social polarisation.

• On the other hand, over-censorship can erode democratic discourse and academic freedom.

Conclusion/Way Forward

• Liberty is a sacred constitutional right, but it thrives only when citizens recognize its moral limits.

• The state must apply restrictions narrowly and proportionately, ensuring they are not tools of political retaliation.

• Judicial clarity, civic education, and responsible public dialogue are essential to strike the balance between liberty and license.

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Practice Question: Discuss the constitutional and ethical boundaries of freedom of speech in India. How can a balance be maintained between liberty and public responsibility in a democratic society? GS2– 250 Words (15 Marks)