Principle: Under Article 13(2), the State shall not make any law which takes away or abridges fundamental rights, and any law made in contravention shall be void.
Facts: Parliament passes a statute imposing pre-censorship on newspaper publication of political commentary without state of emergency. Is the statute valid?
Answer and explanation
Correct answer: D. No, arbitrary pre-censorship violates freedom of speech under Article 19(1)(a)
- Step 1: Analyze freedom of speech and expression under Article 19(1)(a) (Brij Bhushan v. State of Delhi).
- Step 2: Pre-censorship of the press imposes an unreasonable restriction on freedom of the press unless justified strictly under reasonable grounds in Article 19(2).
- Step 3: Blanket censorship of political commentary is unconstitutional and void under Article 13(2).
Answer
No, arbitrary pre-censorship violates freedom of speech under Article 19(1)(a).
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