The central thesis of the author, about which I was sceptical when I read it in the early part of the book, is that nothing much has changed in the law as it stood in British India because of the enactment of the Constitution. The Constitution and the jurisprudence that followed the enactment of the Constitution are not very different from the law which existed in British India. In the raucous democracy that we live in, I find that an astonishing thing to say and, though towards the end of the book, my scepticism had diminished, it had not altogether disappeared. To be fair, the author himself provides the jurisprudence which has changed and provides the cases which are, obviously, different from what existed in British India, as I will point out later. The author says, in the introduction: “That the restrains in the press imposed in independent India have resembled those imposed on the press in colonial India despite the existence of a fundamental right of free speech under the Constitution.” He ends the introduction by saying that “there are many other such examples and it certainly cannot be said that Indians do not enjoy any right to free speech whatsoever. However, this book will suggest that when one looks at the exceptions to the right to free speech which exists today, the conclusion one arrived at is that the enactment of the Constitution in 1950 made little substantial difference to our right to speak freely.”
It is true that there is some continuity in the law laid down before and after the enactment of the Constitution but that is the nature of common law. Common law is law made by judges and tends to follow earlier decisions, unless those earlier decisions are outdated or completely wrong. The author himself admits that the exceptions engraved in Article 19(2) to the right of free speech came from an earlier time. These exceptions include restrains for defamation, contempt of court, public order, etc, and most have a long history in ‘judge-made’ law. So, to expect a completely new legal environment just because of the enactment of the Constitution is a little naive. However, the book is sumptuously researched and contains many interesting cases from India, England and America (some of the best nuggets are quotations from American judges) and the insight into the enactment of Articles 19(1a) and 19(2) of the Constitution through the Constituent Assembly debates is superb. This is an extremely enjoyable book for all the information it provides. In India judges have adopt the law laid down of New York Times vs Sullivan, the landmark American decision restricting the right of public officials to sue for defamation. And they have upheld online speech, in Shreya Singhal vs Union of India. Today’s India cannot be compared to laws governing free speech in British India. 
Inside story of the National Stock Exchange’s amazing success, leading to hubris, regulatory capture and algo scam
Fiercely independent and pro-consumer information on personal finance.
1-year online access to the magazine articles published during the subscription period.
Access is given for all articles published during the week (starting Monday) your subscription starts. For example, if you subscribe on Wednesday, you will have access to articles uploaded from Monday of that week.
This means access to other articles (outside the subscription period) are not included.
Articles outside the subscription period can be bought separately for a small price per article.
Fiercely independent and pro-consumer information on personal finance.
30-day online access to the magazine articles published during the subscription period.
Access is given for all articles published during the week (starting Monday) your subscription starts. For example, if you subscribe on Wednesday, you will have access to articles uploaded from Monday of that week.
This means access to other articles (outside the subscription period) are not included.
Articles outside the subscription period can be bought separately for a small price per article.
Fiercely independent and pro-consumer information on personal finance.
Complete access to Moneylife archives since inception ( till the date of your subscription )
