Defending Democracy: Judicial Milestones in Upholding Press Freedom in India

A free press is very important and essential for the effective functioning of a democracy the expressions freedom of press means the right to print and publish without any interference from the state or any other public authority under our constitution there is no such things as freedom of press freedom of press is implict in the freedom of speech and expression the press cannot claim any additional rights that what is justly available to an average citizen and this right is subjected to resonable restrictions given in article 19 close to freedom of speech and expression of press is mainly developed through various judicial decision's .

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Let's discuss those decisions one by one first one less ramesh topper versus state of madras in this justice badali shastri observed that the freedom of speech and expression includes propagation of ideas and the freedom was ensured by the freedom of circulation them in circle paper private limited case as per the provisions of daily newspaper price and page order 1960 central government regulate the number of pages in newspaper according to the price changed could held that those provisions are uncontitional because freedom of speech cannot be taken away with the objech of placing restriction on the business activities of visitation imparied coleman case pititioner challenged various order .

Which regulate import of newsprint sale acquisition and use of newsprint and size and circulation of newspaper could held that these orders directly effect the right to freedom of speech and expression under article 19 cruz once across a of the indian constitution hence orders are unconstitutional then in prabha the case here the petitioner was the chief reporter of the hindustan times she filed a writ of mandamus to direct the super dent of the to allow her to interview two converts who are under a sentence of death while considering this red cost again says that a right to freedom of speech and expression includes freedom of press and god also allowed her to conduct the interview if the converts allows it because the existence of free press not imply or spell out any legal obligation of the citizens to supply information to the press .

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Next is MSM sharma VS shri krishna sinha keys it's commonly knows as a searchlight case in this case the editor of the search light had published the portion of proceedings of the bihar state assembly the supreme court held that the publication amounted to the bridge of parliamentary privileges and hence the publication was held to be illegal and malicious so this majority decision gave more importance to parliamentary privilege than fundamental right but as dissenting view justice supra who held that fundamental rights take precendence or would privileges and also that the house did not possess the privilege of prohibiting the publication of X proceeding later in reaper was privilege and immunities of state legislature case the supreme court adopt the view of jutice subbaraju and held that parliamentary must be subject to the fundamental rights of the citizen the right of speech and expression which includes the right of reporting of legislative proceedings as in conflict with legislative privilege .

So the right of speech and expression shall prevail over the legislative language the supreme court in Sahara versus SIDBI held that there is no doubt that it is the right of media to repart the proceeding of a case and the superior courts could not postpone that set reporting's of the case for some duration without reasonable cause or in the interest of justice next years about whether advertisement gets the privilege of freedom of speech and expression in Hamden savasana Vs. yulin of India the Supreme Court held that advertisement has commercial gains and they cannot avail the benefit of freedom of speech and expression later on in the Indian Express newspaper case Supreme Court diluted the ruling of hum dada Bagara so see you all soon I will upload my next blog very soon thank you for giving my blog your precious time.

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