2023 SCC Vol. 4 Part 1

Constitution of India — Arts. 19(1)(a) & (2) and Pt. III, Preamble & Art. 51-A — Right to freedom of speech and expression as protected under Art. 19(1)(a) — Regulation thereof by law: The grounds lined up in Art. 19(2) for restricting the right to free speech are exhaustive. Freedom of an individual under Art. 19(1)(a) cannot be subjected to additional restrictions not found in Art. 19(2) by invoking other fundamental rights, or, under the guise of two fundamental rights taking a competing claim against each other. Whenever two or more fundamental rights appeared either to be on a collision course or to be seeking preference over one another, the Court has dealt with the same by applying well-established legal tools. But under the guise of invoking other fundamental rights, additional restrictions, over and above those prescribed in Art. 19(2), cannot be imposed upon the exercise of the right to freedom of speech and expression protected under Art. 19(1)(a). [Kaushal Kishor v. State of U.P., (2023) 4 SCC 1]

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