ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

A+| A| A-

Public Order (v Sedition) vs Freedom of Speech and Expression

A Legal Discourse on the Limits of Indian Rationality in the Public Sphere

Post-independence judicial rulings on the right to freedom of speech and expression have produced two contradictory lines of precedents on the restriction of “public order” under Article 19(2). The first is a “tendency-driven test” which reads public disorder as synonymous with “undermining the security of the state” and therefore sedition, while the second is a “consequence-driven test,” which separates sedition from public disorder, based on the temporal dimensions of proximity and proportionality. The underlying question at stake in either case, however, is that of determining the exercisable limits of an average Indian’s rationality within the public sphere.

The author would like to dedicate this article to the memory of late Shakti Sinha.

Article 19. Protection of certain rights regarding freedom of speech, etc(1) All citizens shall have the right

Dear Reader,

To continue reading, become a subscriber.

Explore our attractive subscription offers.

Click here


To gain instant access to this article (download).

INR 59

(Readers in India)

$ 6

(Readers outside India)

Published On : 20th Jan, 2024

Support Us

Your Support will ensure EPW’s financial viability and sustainability.

The EPW produces independent and public-spirited scholarship and analyses of contemporary affairs every week. EPW is one of the few publications that keep alive the spirit of intellectual inquiry in the Indian media.

Often described as a publication with a “social conscience,” EPW has never shied away from taking strong editorial positions. Our publication is free from political pressure, or commercial interests. Our editorial independence is our pride.

We rely on your support to continue the endeavour of highlighting the challenges faced by the disadvantaged, writings from the margins, and scholarship on the most pertinent issues that concern contemporary Indian society.

Every contribution is valuable for our future.