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Q110 (CDS-II/2013) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Right to Freedom Answer Verified

Which of the following freedoms is not specifically mentioned in the Constitution of India as a fundamental right but has been subsequently upheld by the Supreme Court as such ?

Result
Your answer: —  Â·  Correct: D
Explanation

Article 19 of the Constitution of India explicitly lists six fundamental freedoms for citizens: freedom of speech and expression, assembly, association, movement, residence, and profession/trade [3]. While freedom of trade, residence [2], and association are specifically mentioned in the text of Articles 19(1)(g), 19(1)(e), and 19(1)(c) respectively, the 'freedom of the press' is not explicitly named. However, the Supreme Court has consistently upheld it as a fundamental right derived from the 'freedom of speech and expression' under Article 19(1)(a). Landmark cases such as Romesh Thappar v. State of Madras and Bennett Coleman & Co. v. Union of India established that the press is a medium of expression and its freedom from interference is essential for democracy [1]. Thus, while not specifically mentioned, it is a judicially recognized fundamental right.

Sources

  1. [3] https://www.mcrhrdi.gov.in/91fc/coursematerial/pcci/Part3.pdf
  2. [2] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Freedom of the Press. > p. 123
  3. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > III Protection of Six Rights > p. 85
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