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VOL. 2, ISSUE 1 (2026)
Freedom of press in India: Constitutional and judicial perspectives
Authors
Aparna
Abstract

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.

At the same time, judicial decisions have balanced press freedom with competing societal interests, recognizing that irresponsible or sensational reporting can undermine public order and individual rights. Contemporary challenges such as media trials, corporate influence, national security concerns, and digital regulation have further complicated this balance. Thus, from a constitutional and judicial perspective, freedom of the press in India emerges as a dynamic and evolving right robustly protected yet carefully regulated to harmonize individual liberty with collective welfare in a democratic society.
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Pages:78-81
How to cite this article:
Aparna "Freedom of press in India: Constitutional and judicial perspectives". International Journal of Applied Review , Vol 2, Issue 1, 2026, Pages 78-81
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