1.
Constitutional Provisions on Free Speech
Which of the following articles of
the Indian Constitution guarantees the right to freedom of speech and
expression?
(a) Article 14
(b) Article 19(1)(a)
(c) Article 21
(d) Article 32
Explanation:
- Article 19(1)(a) of the Indian Constitution guarantees
the right to freedom of speech and expression.
- However, it is subject to reasonable restrictions under
Article 19(2).
2.
Reasonable Restrictions on Free Speech
Under which of the following grounds
can reasonable restrictions be imposed on the freedom of speech and expression
in India?
1.
Sovereignty and integrity of India
2.
Friendly relations with foreign
states
3.
Public order
4.
Criticism of the government
Select the correct answer using the
codes given below:
(a) 1, 2, and 3 only
(b) 1 and 3 only
(c) 2 and 4 only
(d) 1, 2, 3, and 4
Explanation:
- Reasonable restrictions under Article 19(2) include
aspects like sovereignty and integrity of India, friendly relations with
foreign states, public order, decency, and morality.
- Mere criticism of the government is not a valid ground
for imposing restrictions. Hence, option (a) is correct.
3.
Judiciary on Free Speech
Which recent Supreme Court judgment
emphasized the importance of free speech through artistic expression like
poetry, theatre, and stand-up comedy?
(a) Kesavananda Bharati Case
(b) S. R. Bommai Case
(c) Imran Pratapgadhi Case
(d) Maneka Gandhi Case
Explanation:
- The correct answer is (c) Imran Pratapgadhi Case,
where the Supreme Court quashed a criminal case against the Congress MP,
reaffirming the importance of free speech in artistic forms.
4.
Role of Law Enforcement in Free Speech Cases
According to the Supreme Court’s
verdict in the Imran Pratapgadhi Case, law enforcement agencies must apply the
standards of:
(a) Majority opinion
(b) Reasonable, firm, and courageous minds
(c) Government directives
(d) Popular sentiment
Explanation:
- The Court emphasized that law enforcement agencies
should employ “reasonable, strong-minded, firm, and courageous minds”
before initiating criminal action against freedom of expression. Hence,
option (b) is correct.
5.
Section 196 of Bharatiya Nyaya Sanhita (BNS)
Section 196 of the Bharatiya Nyaya
Sanhita (BNS), referred to in the case against Imran Pratapgadhi, primarily
deals with:
(a) Preventive detention laws
(b) Sedition and hate speech
(c) Registration of criminal cases for offenses against the state
(d) Judicial review of administrative actions
Explanation:
- Section 196 of the BNS pertains to the procedure for
prosecuting offenses against the state, including hate speech or inciting
enmity. The police had filed the case under this provision, alleging
incitement through poetry. The correct answer is (c).
6.
Constitutional Provisions on Free Speech
Which of the following provisions in
the Indian Constitution ensure the protection of free speech and expression?
1.
Article 19(1)(a)
2.
Article 19(2)
3.
Article 21
4.
Article 32
Select the correct answer using the
codes below:
(a) 1 and 2 only
(b) 1, 2, and 3 only
(c) 1, 3, and 4 only
(d) All of the above
Explanation:
- Article 19(1)(a)
guarantees the right to freedom of speech and expression as a
fundamental right.
- Article 19(2)
allows the state to impose reasonable restrictions on this right in
cases concerning sovereignty, integrity, public order, morality, etc.
- Article 21
(Right to Life and Personal Liberty) indirectly supports freedom of speech
as it ensures dignified living, including expression and communication.
- Article 32
allows individuals to directly approach the Supreme Court for the
enforcement of their fundamental rights through writ petitions.
Thus, the correct answer is (d) All of the above.
7.
Concept of Reasonable Restrictions
Which of the following is NOT a
ground for imposing reasonable restrictions on the freedom of speech and
expression under Article 19(2)?
(a) Security of the State
(b) Contempt of court
(c) Criticism of government policies
(d) Incitement to an offense
Explanation:
- The grounds for imposing reasonable restrictions
under Article 19(2) include:
- Security of the State
- Sovereignty and integrity of India
- Friendly relations with foreign states
- Public order
- Decency or morality
- Contempt of court
- Defamation
- Incitement to an offense
- Criticism of government policies is not a ground for restriction. In a
democracy, the right to criticize the government is a protected form of
free speech.
Therefore, the correct answer is (c) Criticism of government policies.
8.
Judiciary's Role in Protecting Free Speech
Consider the following statements about
the role of the judiciary in protecting free speech:
1.
The Supreme Court has the authority
to quash criminal cases violating the right to free speech.
2.
Courts must ensure the application
of reasonable minds while interpreting speech and expression.
3.
Freedom of expression cannot be
curtailed merely based on the subjective feelings of a community.
Which of the statements are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) All of the above
Explanation:
- The Supreme Court in the Imran Pratapgadhi
case upheld its role in protecting free speech by quashing a criminal
case that was registered on weak grounds.
- Courts have repeatedly emphasized that law
enforcement authorities must apply reasonable minds while initiating
criminal action against speech.
- The Court stated that subjective feelings or
insecurities of a community cannot be used to stifle free expression.
Thus, the correct answer is (d) All of the above.
9.
Hate Speech and Criminal Prosecution
Section 196 of the Bharatiya Nyaya
Sanhita (BNS) refers to which of the following legal actions?
(a) Prosecution for offenses against
the State and public tranquility
(b) Judicial review of administrative decisions
(c) Conduct of arbitration and conciliation cases
(d) Appeals against criminal convictions
Explanation:
- Section 196
of the Bharatiya Nyaya Sanhita (BNS) deals with the prosecution
of offenses related to:
- Offenses against the state
- Promoting enmity between different groups
- Statements creating disharmony in society
- It mandates prior sanction from the central or state
government before prosecution.
- In this case, Imran Pratapgadhi was accused of
promoting enmity, which the Supreme Court found unjustified.
Thus, the correct answer is (a) Prosecution for offenses against the State and public tranquility.
10.
Landmark Judgments on Free Speech
Which of the following landmark
Supreme Court judgments established significant precedents in protecting free
speech in India?
1.
Shreya Singhal v. Union of India
(2015)
2.
Romesh Thapar v. State of Madras
(1950)
3.
Maneka Gandhi v. Union of India
(1978)
4.
Keshavananda Bharati v. State of
Kerala (1973)
Select the correct answer using the
codes below:
(a) 1 and 2 only
(b) 1, 2, and 3 only
(c) 2, 3, and 4 only
(d) All of the above
Explanation:
- Shreya Singhal v. Union of India (2015): Struck down Section 66A of the IT Act for
being vague and violating free speech.
- Romesh Thapar v. State of Madras (1950): One of the earliest cases that affirmed free speech
as a core democratic right.
- Maneka Gandhi v. Union of India (1978): Expanded the scope of Article 21 and
indirectly strengthened free expression.
- Keshavananda Bharati v. State of Kerala (1973): While primarily a case on constitutional amendments,
it upheld the basic structure doctrine, which includes the freedom
of expression.
Thus, the correct answer is (b) 1, 2, and 3 only.
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