Mumbai, Dec 05: Underscoring the judiciary’s long-standing role in safeguarding freedom of speech and expression, former Chief Justice of India B. R. Gavai on Friday said the right is not merely an individual liberty but a democratic guarantee that enables dissent, participation and accountability.
He was delivering the K. T. Desai Memorial Lecture 2025 in Mumbai on “Freedom of Speech and Expression: Its Scope and Limitations Under the Constitution”.
CJI traces evolution of Article 19 jurisprudence
The former CJI said the apex court has shaped and reshaped the contours of free speech over the last 75 years. “The evolution of free speech jurisprudence in India reflects a larger constitutional commitment to ensure that the state’s power to restrict expression does not overshadow the citizen’s right to think, to speak and to participate freely in the democratic set-up,” he said.
Constitution framers debated limits to free speech, says Gavai
Tracing the constitutional history of Article 19(1)(a) [freedom of speech], he recounted how the framers fiercely debated restrictions on speech. Dr B. R. Ambedkar, he noted, had clarified that India’s approach of expressly listing restrictions was not materially different from the United States, where courts imposed limits through interpretation.
Supreme Court consistently preserved press freedom
He referred to several Supreme Court judgments that, since Independence, have expanded and refined the right to free expression. “Over the last 75 years, the Supreme Court has steadily shaped and reshaped the contours of the freedom of speech and expression under Article 19(1)(a), while simultaneously defining the permissible limit under Article 19(2) [reasonable restrictions],” he said.
Overreach must not dilute rights, warns former CJI
Emphasising the court’s conscious effort to prevent state overreach, he added: “What emerges from this constitutional journey is a conscious and consistent judicial effort to preserve the breadth of free speech and constrain the scope of restrictions so that the right is not diluted through overreach, vagueness and excessive state control.”
Press freedom essential component of Article 19, lecture notes
Highlighting the centrality of free speech to the functioning of the press, he said: “Any law that singles out the press for restrictive or prohibitive burdens — whether by curbing circulation, limiting the choice of personnel, preventing the establishment of new newspapers or forcing dependence on state assistance — would amount to an impermissible infringement of Article 19(1)(a) and would not be saved by the exceptions under Article 19(2).”
CJI cites landmark rulings on media rights
He cited the 1961 judgment holding that a newspaper’s freedom to publish any number of pages and circulate them widely is an essential part of Article 19(1)(a), and any restraint on these aspects directly infringes free expression.
Expression includes identity freedoms: Gavai
The former CJI also noted that the court has expanded the understanding of “expression” to include identity-based freedoms. Referring to a landmark ruling, he said the apex court held that transgender persons have a constitutionally protected right to express their gender.
Digital era brings new challenges
As the 21st century progressed, the court increasingly recognised the role of free speech in ensuring transparency and enabling citizens to make informed electoral choices, he said.
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Online free speech demands recalibrated principles
He added that the SC is now frequently required to navigate the complexities of digital communication. “Traditional free speech principles must be recalibrated to respond to the unique challenges posed by the online world, including misinformation, surveillance and the monopolistic powers of digital intermediaries,” he added.
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