By Joseph Minattur
This learn is meant to offer to the reader the most provisions of legislation affecting freedom of the click in India. it's particularly excited by reading how a long way freedom of the clicking obtains in loose India. I t is proposed to debate constitutional provisions and their software via quite a few legislative measures for you to seeing no matter if those provisions are sufficiently protecting of this freedom. The intro ductory bankruptcy makes an attempt to point what's intended through freedom of the click. within the first bankruptcy constitutional provisions are set out and mentioned. the following 5 chapters deal, more often than not, with statutory provisions on the subject of this freedom. The concluding bankruptcy purports to make sure feedback on the subject of repeal or modification of some of those provisions. it can be pointed out that this examine offers basically with freedom of the click in common instances. the topic of civil liberties in India in the course of a interval of emergency has been handled within the current writer's doctoral thesis, Emergency Powers within the $tates of Southern Asia (London Uni versity, 1959) within the guidance of this learn, i've got benefited from the tips and encouragement given by way of numerous individuals and the help and amenities supplied by way of a number of associations. I desire to show my because of all of them.
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Extra info for Freedom of the Press in India: Constitutional Provisions and Their Application
In A. K. Gopalan's case,48 when interpreting Article 21, Kania, C. , and Das, J. distinguished restriction from prohibition and held the view that restriction did not mean extinguishment of the entire right. " But he, however, thought that the \vord 43 44 45 46 47 48 N. B. Khare v. R. C. 211 at 217 See State of Bombay v. F. 1\i. R. C. 318 Sodhi ShamseY \". R. C. R. c. 118 id. R. C. 27 CONSTITUTIONAL PROVISIONS 19 "restriction" in Article 19 clauses (2) to (6) did not mean total prohibition or total deprivation.
22 Born. 112. , in Queen Empress v. Ramchandra N arain could not see how "hatred" could be included in the connotation of "disaffection". " In 1942 Sir Maurice Gwyer, C. , reviewed the position and attempted to restrict the scope of the section by interpreting it according to the "external standard" applied by judges in England. He recognised the great change that had taken place in the concept of government since the days of the enactment of the section and since its interpretation in Tilak's Case.
Paper is defined to mean any document, including a newspaper, other than a book. Section 4 provides that no person shall keep in his possession a press for the printing of books or newspapers, unless he has made a declaration before a Magistrate to the effect that he has a printing press at a place named in the declaration. Section 5(1) lays down that every copy of a newspaper shall contain the name of the person who is the editor thereof printed on it as the name of the editor of that newspaper.