Lecture 9: Fundamental Rights and Freedom of Speech – Key Terms

Vocabulary flashcards covering key concepts, rights, and landmark ideas from the lecture on fundamental rights and freedom of speech.

Article 14

Equality before the law and equal protection of laws; a fundamental guarantee against arbitrariness.

Article 15

Prohibits discrimination by the state against citizens on specific grounds (religion, race, caste, sex, place of birth) with certain exceptions.

Article 16

Equality of opportunity in public employment; bans discrimination on grounds like religion, race, caste, sex, place of birth, descent, and residence with exceptions.

Reservation (Affirmative Action)

Policy to reserve benefits for socially and educationally backward classes; includes 2019 expansion for economically weaker sections (EWS).

Affirmative Action

Policy to boost representation of disadvantaged groups in education and employment.

Article 17

Abolition of untouchability; its practice is forbidden and punishable; an absolute fundamental right.

Atrocities Act

Legislation linked to Article 17 aimed at protecting Dalits and addressing untouchability and its offences.

Article 18

Abolition of titles; titles are not conferred by the state except for academic or military distinctions; no private citizen may accept foreign titles.

Right to Freedom

Part III rights (Articles 19–22) detailing fundamental freedoms, including speech, assembly, association, movement, residence, and profession.

Article 19(1)(a)

Freedom of speech and expression; available to citizens (not aliens); broad protective ambit with reasonable restrictions.

Judicial Creativity

Supreme Court's interpretive ability to expand fundamental rights beyond their written scope.

Inferred Rights

Fundamental rights inferred by courts from existing rights (e.g., right to information, right to remain silent, right to fly the national flag).

Right to Information (RTI)

Originally statutory under RTI Act 2005; later expanded by courts as a fundamental right in certain contexts (election transparency).

Informed Choice Right

Courts recognize a right to information to voters about candidates to enable informed electoral choices.

Right to Fly National Flag

Inferred fundamental right under freedom of speech; includes private hoisting of the national flag.

Right to Remain Silent

Inferred right under freedom of speech; allows choosing not to speak.

Freedom of Press

Not explicit in the Constitution; courts have treated press freedom as part of Article 19(1)(a) through interpretation.

Censorship

Prior restraint on publication or broadcasting; differs from certification; not constitutionally explicit in India.

CBFC (Central Board for Film Certification)

Authority certifying films; can require cuts or changes; role has evolved from mere certification to censorship-like functions.

Hicklin Test

Obscenity standard based on isolated passages to deprave or corrupt; gradually replaced by contemporary morality standards in India.

Contemporary Standards of Morality

Current societal norms used to judge obscenity rather than the older Hicklin test.

Ranjit D. Udeshi v. Maharashtra

Landmark obscenity case shaping the shift away from Hicklin toward context and contemporary morality.

Lady Chatterley’s Lover case

Illustrative obscenity case; contributed to evolving obscenity standards in India.

Sedition (IPC 124A)

Crime of generating disaffection against the government established by law; historically used to curb dissent; later contested.

Deshdrohi

Deshi-destrohi: disaffection against the nation (Desh) rather than government; introduced in Bharatiya Nyaya Sanhita (BN S) 2020 as section 152.

Bharatiya Nyaya Sanhita (BN S)

New penal code replacing IPC; section 152 defines disaffection against the nation and related crimes; emphasizes deshdrohi over sedition.

Shreya Singhal v. Union of India (2015)

Landmark verdict distinguishing advocacy from incitement; speech is protected unless it incites imminent violence.

Contempt of Court

Disobedience or scandalizing of the court; two kinds: civil contempt (willful non-compliance) and criminal contempt (scandalizing or obstruction).

Defamation

Right to reputation; protects against false statements harming a person's reputation; libel (written) vs slander (spoken).

Hate Speech

Speech that attacks or promotes hatred against protected groups; not protected under right to free speech when it advocates violence or discrimination.

Public Order (as a restriction)

One of eight reasonable restrictions; aims to maintain peace and safety; can trigger a chilling effect or heckler’s veto in controversial works.

Sovereignty and Integrity of India

Restriction on free speech when expression threatens the nation's territorial integrity or sovereignty.

Security of the State

Restriction on speech to protect national security and prevent material that could jeopardize state safety.

Friendly Relations with Foreign States

Restriction when speech or actions harm India's relations with other states.

Morality/Decency

Restriction based on evolving social norms of decency and obscenity; debated for subjectivity and cross-cultural variation.

Public Interest vs Public Fascination

Judicial distinction used to determine whether information about public figures should be disclosed; public interest justifies disclosure, fascination may not.