THE GIST of Editorial for UPSC Exams : 17 September 2019 (The litmus test for free speech (The Hindu))

The litmus test for free speech (The Hindu)

Mains Paper 2: Polity
Prelims level: Not much
Mains level: Free speech define under Indian Constitution

Context

• The freedoms of speech and liberty are enshrined in Articles 19 and 21 of the Constitution of India but with reasonable restrictions.
• The correct definition of reasonable restrictions would decide on various cases pending and validity of various judgements.

Litmus test

• In the United States of America’ Supreme Court, the ‘bad tendency’ test is used, wherein a restriction is regarded as reasonable if it were to adversely affect public interest (which can be the present or hidden and uncertain effect).
• While later on ‘clear and present danger’ test which considers a clear and present danger to the public interest in danger.
• Finally, in Brandenburg v. Ohio (1969), the ‘clear and present danger’ test was expanded, and the ‘imminent lawless action’ test was laid down by the U.S. Supreme Court according to which an act which can result in an imminent (present) lawless act can be restricted reasonably abridging the said Articles.
• This has been followed in India too according to which the decisions in the Bhima-Koregaon case, activist Shehla Rashid; and Pawan Jaiswal [case], the journalist who published a report that children in a primary school in Mirzapur, Uttar Pradesh, were getting only roti and salt in their midday meals etc, could be reversed to free the accused as their acts do not result into imminent lawless action.

Conclusion

• It is thus suggested that in these days when the liberty and free speech of people is being restricted on various grounds the judiciary should come to the rescue.

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Prelims Questions:

Q.1) Which of the following statements about Apsara Nuclear reactor is/are correct?
1. It is India’s indigenous cryogenic research reactor.
2. The reactor burns enriched uranium in the form of aluminium alloyed curved plates.

Select the correct answer using the code given below:
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: B
Mains Questions:
Q.1) To what extent a healthy democracy is required also free speech. Comment.