Author(s): Aradhana Singh and Ritu Raghuvanshi

Abstract: India’s Constitution does not explicitly mention a “freedom of the press,” yet the Supreme Court has consistently read press liberty into Article 19(1)(a)’s guarantee of freedom of speech and expression. From the early repudiation of prior restraints in Romesh Thapar and Brij Bhushan to the recognition that circulation, newsprint, taxation, and even the internet is integral to expressive freedom, Indian constitutional law has developed a distinctive doctrine that couples a strong commitment to editorial and informational autonomy with the textually enumerated limitations in Article 19(2). This paper traces that evolution, clarifies the contours of “reasonable restrictions,” and assesses contemporary challenges, pre-publication restraints, contempt and sub judice reporting, internet shutdowns, sealed-cover justifications, and the attempted creation of executive fact-checking units, through the lens of Supreme Court jurisprudence. It concludes by proposing principled tests and institutional practices that keep the constitutional balance faithful to democratic self-government and open justice.

DOI: 10.22271/civillaw.2025.v5.i2d.168

Pages: 283-286 | Views: 146 | Downloads: 75

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