Speech and Trust
(Source: The Indian Express, Editorial Page)
Also Read: The Indian Express Editorial Analysis: 13 June 2025
Also Read: The Hindu Editorial Analysis: 13 June 2025
| Topic: GS2 – Governance, Indian Constitution (Article 19), Judiciary |
| Context |
| The editorial analyzes the shrinking space for free speech in India, focusing on how legal institutions, public trust, and political partisanship are interwoven. It critiques the use of sedition, UAPA, and defamation laws to selectively silence dissent, arguing that the real crisis is not just legal — but social. |
Constitutional Framework of Free Speech
-
Article 19(1)(a) guarantees freedom of speech and expression.
-
Reasonable restrictions under Article 19(2) allow limitations on grounds like public order, defamation, and decency.
-
However, misuse of legal discretion distorts the constitutional purpose
Key Arguments in the Editorial
-
Selective Application: The law is used more to suppress critique of power than protect democratic space.
-
Mistrust and Morality: People no longer trust that legal institutions act independently or fairly.
-
Delegitimized Free Speech: The erosion of trust delegitimizes even genuine speech, as the audience questions the motive.
Institutional Crisis
-
The law cannot guarantee liberty unless institutions applying it are impartial and just.
-
Courts and police often reflect executive will, not constitutional morality.
Conclusion / Way Forward:
-
Judicial Vigilance: Courts must actively protect free speech, not delay justice.
-
Institutional Reforms: Police and executive accountability must improve.
-
Public Trust: Democratic discourse can survive only where people trust institutions to act fairly and uphold constitutional values.
Key Economic Indicators
| Provision / Principle | Purpose | Challenges |
|---|---|---|
| Article 19(1)(a) | Guarantees right to freedom of speech | Undermined by misuse of sedition/UAPA |
| Article 19(2) | Allows reasonable restrictions | Ambiguity used to target dissent selectively |
| Sedition Law (IPC 124A) | Originally to curb anti-national speech | Often misused against civil society & journalists |
| Defamation | Protects individual reputation | Used to suppress political criticism |
| Practice Question: “In the absence of institutional neutrality, the right to free speech is rendered meaningless.” Critically examine. (GS Paper 2 – 10 Marks – 150 Words) |
