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Article 19(1)(a) - Freedom of Speech and Expression:

Bennet Coleman v. UOI (AIR 1973 SC 106)

ISSUE:

Whether the restriction on newsprint import under the 1955 Order was violative of Art. 19(1) (a) of the Constitution?

RULE:

The freedom of the press was an essential element of Article 19(1)(a) and the absence of an express mention of such freedoms as a special category was irrelevant. Free press was to be regarded as an essential element of freedom of expression in general.

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Article 19(1)(a) - Freedom of Speech and Expression:

Sakal Papers (P) Ltd. v. Union of India (AIR 1962 SC 305)

ISSUE:

Whether the right of publishing a newspaper and its circulation comes under the right of freedom of speech and expression as guaranteed under article 19 (1)(a) of the Constitution of India?

RULE:

While the Indian Constitution does not explicitly guarantee freedom of the press, it is recognized as part of the freedom of speech and expression under Article 19(1)(a), which may be restricted on grounds mentioned in Article 19(2). The right to propagate one’s ideas includes the right to publish them, disseminate them, and circulate them.

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Article 19(1)(a) - Freedom of Speech and Expression:

Romesh Thapar v. UOI AIR 1950 SC 124

ISSUE:

Whether Section 9(1-A) of the Madras Maintenance of Public Order Act is constitutionally valid?

RULE:

Unless a law restricting freedom of speech and expression is directed solely against the undermining of the security of the State or the overthrow of it, such a law cannot derive power from Clause 2 of Article 19.

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Article 19(1)(a) - Freedom of Speech and Expression:

S. Rangarajan v. Jagjiv.an Ram (1989) 2 SCC 574

ISSUE:

Whether the film should be issued a U certificate by the censor board?

RULE:

Article 19(a) of the Constitution of India guarantees the right of freedom of expression. Such a right includes the right to freedom of communication of which film is a medium.

Freedom of expression cannot be suppressed on account of threat of demonstration and processions or violence.

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Article 19(1)(a) - Freedom of Speech and Expression:

Kedarnath Singh v. State of Bihar, AIR 1962 SC 955

ISSUE:

Whether Sections 124A and 505 of the Indian Penal Code are inconsistent with Article 19(1)(a) of the Constitution?

RULE:

The words “Government established by law” in the disputed sections must be taken to mean the visible symbol of the state.

The feeling of disloyalty to the Government leads to public disorder by the use of actual violence.

Any written or spoken words which have implicit in them the idea of subverting the Government by violent means have been made penal by the sections.

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Article 19(1)(a) - Freedom of Speech and Expression:

Shreya Singhal v. Union of India AIR 2015 SC 1523

ISSUE:

Whether Section 66A of the Information Technology Act of 2000 (ITA) is constitutionally valid?

RULE:

Mere discussion or even advocacy of a particular cause howsoever unpopular is at the heart of Article 19(1)(a). it is only when such discussion reaches the level of incitement that Article 19(2) kicks in.

Section 66A makes no distinction between mere discussion of a point of view that may be unpopular and incitement by which words lead to a causal connection with public disorder.

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Anti-discrimination and affirmative action (Reservations) in India

Indra Sawhney v. UOI AIR 1993 SC 477

ISSUE:

Whether Article 16(4) is an exception of Article 16(1) or not?

Whether the classification made is on the basis of economy or caste?

Whether in Article 16(4) Backward classes are similar to Socially and Educationally Backward Classes in Article 15(4) or not?

RULE:

Article 16(1), Article 16(4), Article 15(4), Article 340(1) of the Indian Constitution.

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Anti-discrimination and affirmative action (Reservations) in India The Basic Structure Doctrine

M. Nagaraj v. UOI (2006) 8 SCC 212

ISSUE:

Validity of the Constitution (Seventy-Seventh Amendment) Act, 1995, the Constitution (Eighty-first Amendment) Act, 2000, the Constitution (Eighty-Second Amendment) Act, 2000, and the Constitution (Eighty-Fifth Amendment) Act, 2001.

RULE:

Article 16(4)(A) and (B) of the constitution.

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Anti-discrimination and affirmative action (Reservations) in India

Ashoka Kumar Thakur v. UOI (2008) 6 SCC 1

ISSUE:

Whether the 93rd Amendment of the constitution is against the “basic structure” of the Constitution?

Whether the exclusion of minority educational institutions from Article 15(5) is violative of Article 14 of the Constitution?

If so, whether “Creamy Layer” is to be excluded from SEBCs?

RULE:

Article 14 of the Constitution of India.

93rd Constitution Amendment Act, 2005.

The Central Educational Institutions Act 2006.

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Anti-discrimination and affirmative action (Reservations) in India

Anuj Garg v. Hotel Association of India, AIR 2008 SC 663

ISSUE:

Whether sections 30 of the Punjab Excise Act, 1914 constitutionally valid?

Whether a restriction on employment of a particular group of people, not a hindrance to their fundamental right to equality under Article 16?

RULE:

When laws, procedures, or acts directly violate the constitution, they are unconstitutional.

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