Freedom of Expression and Democracy in India

A recent controversy involving public comments on the Pahalgam military operation and Colonel Sofiya Qureshi has reignited debate on India’s commitment to the liberal norm of free speech. While one citizen faced arrest, another escaped action, exposing inconsistencies in upholding Freedom of Expression (FoE) and its implications for Indian democracy.

Challenges to Free Speech in India

• State as a Flawed Guarantor of Freedom of Expression (FoE): Theoretically, the state is expected to protect free speech, but in practice, it has designed legal instruments over decades to restrict it—beginning with the First Amendment and now justified through national interest, defamation, or public order.
• Misuse of Constitutional Provisions: Legal and judicial history shows that freedom of expression is often treated as a conditional concession, not a right. The idea of ‘hurt sentiments’ and preventive measures are frequently weaponized to silence dissenting voices.
• Uneven Enforcement and Political Bias: Two citizens commented on the same issue—one faced arrest, the other did not—reflecting not just legal ambiguity but a politicized application of the law, dependent on who exercises the right.

Systemic Myths Undermining Freedom of Expression (FoE):

• Myth of Legal Safeguards: The legislation and jurisprudence remain vague, leaving citizens at the mercy of state interpretation. Political parties switch stances on FoE depending on whether they are in power or opposition.
• Myth of Judicial Clarity: Courts often issue ambiguous opinions or symbolic sermons about Lakshman Rekhas (limits), leaving citizens unclear about what actually constitutes protected speech versus punishable speech.
• Myth of Equal Application: There is a growing trend of using FoE as a shield for hate speech. Some actors distort the liberal norm to justify targeting communities, under the false belief that all speech is equally protected.

Democracy and the Liberal Norm

• Freedom of Expression (FoE) as a Cornerstone of Democratic Values: Freedom of Expression is not an elite luxury—it is central to public reason, informed debate, and responsible electoral choices, which in turn are fundamental to the democratic process.
• Rise of Electoral Authoritarianism: Democracy is increasingly viewed only through the lens of elections and majorities, ignoring vital components like constitutional supremacy and institutional balance—both of which require robust FoE.
• Decoupling of Liberalism and Democracy: When citizens are jailed for speech or others demand such arrests, we undermine the deep connection between liberalism and democracy. The debate must be shifted from legalese to democratic necessity.

Practice Question:

Q. "In the context of recent controversies, critically examine the relationship between freedom of expression and democracy in India. Do legal restrictions and political biases threaten the liberal foundations of the Indian Constitution?"