Freedom of the press is a
cornerstone of democratic governance and an essential instrument for ensuring
transparency, accountability, and public participation. In India, although the
Constitution does not explicitly mention “freedom of the press,” it has been
consistently recognized as an integral part of the freedom of speech and
expression guaranteed under Article 19(1)(a) of the Constitution. The framers
of the Constitution envisaged a free press as a vital means of safeguarding
individual liberty and promoting informed public discourse. However, this
freedom is not absolute and is subject to reasonable restrictions under Article
19(2) in the interests of sovereignty and integrity of India, security of the
State, public order, decency, morality, contempt of court, defamation, and
incitement to an offence.
The Indian judiciary has
played a pivotal role in defining the scope and content of press freedom
through progressive interpretation. Landmark judgments such as Romesh Thappar
v. State of Madras and Brij Bhushan v. State of Delhi established that prior restraint
on publication is generally unconstitutional. In Bennett Coleman & Co. v.
Union of India, the Supreme Court emphasized that freedom of the press includes
the freedom of circulation and is not confined merely to the right to publish.
Similarly, in Indian Express Newspapers v. Union of India, the Court
underscored the press’s role as a watchdog of democracy and cautioned against
excessive governmental interference.
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