The Preamble of the Constitution of India guarantees Liberty—including the liberty of thought and expression—to all citizens. This foundational principle is protected under Article 19(1)(a) of the Constitution, which guarantees every citizen the right to freedom of speech and expression. This right enables individuals to express opinions, communicate ideas, and participate meaningfully in democratic discourse.
The Supreme Court has consistently emphasized the importance of this right. In S. Rangarajan v. P. Jagjivan Ram (1989) 2 SCC 574, the Court held that freedom of speech includes the right to propagate and publish one’s views. Similarly, in In Re: Ramlila Maidan Incident (2012) 5 SCC 1, the Court observed that freedom of speech and expression is the first condition of liberty.
However, this right is not absolute. Article 19(2) empowers the State to impose reasonable restrictions in the interests of:
Whether a restriction is reasonable is ultimately for the courts to decide.
Section 66A criminalized the sending of information through electronic means that was considered:
Punishment under the provision included imprisonment up to three years and a fine.
In Shreya Singhal v. Union of India (2015), the Supreme Court struck down Section 66A as unconstitutional, holding that it violated Article 19(1)(a).
The Court rejected the government’s assurance that the law would not be misused, holding that constitutional validity cannot depend on executive discretion.
While Section 66A was struck down, the Supreme Court upheld Sections 69A and 79, subject to safeguards.
This provision empowers the Central Government to block online content in the interests of sovereignty, security, public order, or to prevent incitement of offences—provided due procedure is followed.
Section 79 was read down to clarify that intermediaries (such as social media platforms) are required to take down content only pursuant to a court order or government notification, not through self-policing.
Although Section 66A was struck down, concerns remain. By upholding Section 69A, the judgment continues to allow the government to restrict online content on broad and vaguely defined grounds. This creates a continuing tension between state control and free speech, especially in the digital sphere.
The ruling nonetheless stands as a landmark decision reaffirming that free expression cannot be curtailed by vague, arbitrary laws.
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Article 19(1)(a) of the Indian Constitution guarantees freedom of speech and expression.
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The Supreme Court of India struck down Section 66A in Shreya Singhal v. Union of India (2015).
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Online speech is protected under the constitutional right to freedom of expression.
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Balancing online regulation with fundamental rights remains a legal challenge.
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