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Working a Democratic ConstitutionA History of the Indian Experience$
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Granville Austin

Print publication date: 2003

Print ISBN-13: 9780195656107

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195656107.001.0001

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Free Speech, Liberty, and Public Order

Free Speech, Liberty, and Public Order

Chapter:
(p.38) Chapter 2 Free Speech, Liberty, and Public Order
Source:
Working a Democratic Constitution
Author(s):

Granville Austin

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195656107.003.0004

This chapter discusses freedom of speech and expression as treated in the First and Sixteenth Amendments. Soon after the Constitution's inauguration, India added its name to the long list of democracies whose constitutional ideals were tested against the government of the day's perception of national needs. Protecting national integrity through preserving political stability was thought to be in conflict with the democratic rights to freedom of expression and personal liberty. The social revolutionary goals of the Directive Principles of State Policy were found to conflict with the right to property. During the Nehru years, remedies for these conflicts were sought, in part, through the First, Fourth, Sixteenth, and Seventeenth Amendments to the Constitution. The chapter concludes with an issue of personal liberty covered by the Fundamental Rights, preventive detention, although instituting preventive detention did not involve constitutional amendment.

Keywords:   preventive detention, individual liberty, Indian Constitution, Sixteenth Amendment, Nehru

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