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Q76 (CDS-II/2015) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Right to Freedom Answer Verified

The Constitution of India guarantees freedom of thought and expression to all its citizens subject to 1. implementation of Directive Principles 2. Fundamental Duties 3. Right to Equality Select the correct answer using the code given below.

Result
Your answer: —  Â·  Correct: C
Explanation

The correct answer is Option 3 (1 only).

Under the Indian Constitution, while Article 19(1)(a) guarantees the Fundamental Right to freedom of speech and expression, it is not absolute. According to Article 31C (inserted by the 25th Amendment), laws enacted to implement the Directive Principles of State Policy (DPSP) specified in Article 39(b) and (c) cannot be declared void on the ground that they abridge the Fundamental Rights conferred by Articles 14 or 19.

The Supreme Court in several judgments (notably Minerva Mills) upheld that in the event of a conflict between certain DPSPs and Fundamental Rights, the former can take precedence to achieve socio-economic justice. Conversely:

  • Fundamental Duties (Option 2): These are moral obligations of citizens and do not act as legal "restrictions" or "subjects" to which the guarantee of freedom of expression is explicitly subordinated in the constitutional scheme.
  • Right to Equality (Option 3): Freedom of expression and Right to Equality are both Fundamental Rights; one does not generally limit the other in the manner a constitutional restriction does.

Therefore, only the implementation of specific Directive Principles acts as a constitutional limitation on the absolute exercise of freedom of expression.

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