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6. Article 19 (1) in so far as it is relevant runs as follows : -

"19 (1) All citizens shall have the right
(a) to freedom of speech and expression xx xx xx
(f) to acquire, hold and dispose of property,"

Article 19 (2) says :--

"Nothing in Sub-clause (a) of Clause (1) shall affect the operation of any existing law or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the security of the State, friendly relations with foreign states, public order, decency or morality or in relation to contempt of Court, defamation or incitement to an offence.'' Article 19 (5) says: --

Surely, no citizen could claim a right to insult the religion or religious beliefs of another section of the population. The right which one citizen claims should be consistent with the rights of the other citizens. If people are permitted to indulge in activities calculated to wound the religious susceptibilities of the other religious denominations in the State, that would inevitably lead to the disruption of public order.

If there is no law authorising the executive to take necessary action to prevent or combat activities prejudicial to the maintenance of public order, there will be disorder in society and bitter feelings and even hatred between various sections of society which is not conducive to the maintenance of order. Any law aimed at preventing such a mischief is reasonable and is not intended to abridge any of the rights conferred under Article 19. The impugned provision is conceived in the interests of public order, decency or morality etc. That being so, the restriction placed by this statutory provision on the freedom of expression is a reasonable one and as such it falls within the reservation under Clause (2) of the Article. Consequently, it is not open to any objection based on the Constitution.

"Nothing in Sub-clause (a) of Clause (1) shall affect the operation of any existing law so far as it relates to, or prevents the State from making any law relating to, libel, stander, defamation, contempt of court or any matter which offends against decency or morality or which undermines the security of or tends to overthrow the State."

As a result of the amendment, the scone of Article 19 (2) was very much enlarged. The amended article is couched in wide language so as to include restrictions to cover all eventualities enumerated in the amended Article. The expression 'in the interests of is of wide connotation. So, any law penalising activities which have a tendency to cause public disorder is within (the scope of) authorised limits. The impugned section therefore, comes within the range of clause 2 or that Article.

Any law aimed at destroying such dangerous words must surely in my opinion be deemed to be reasonable. I cannot conceive it as an excessive curtailment of the citizen's freedom of expression, when "in the interests of the security of the State, friendly relations with foreign States, public order, decency or morality"

any matter which outrages the religious feelings of a class of citizens is wiped out of existence. No man's freedom of expression is prejudiced merely because he cannot deliberately and maliciously outrage the religious feelings of a class of his fellow citizens. I therefore think that Section 99-A is saved by Article 19 (2) of the Constitution.