Document Fragment View
Fragment Information
Showing contexts for: function of functionary in Inter Media Publishing Ltd vs State Of Kerala on 11 May, 2005Matching Fragments
9.2. There are two primordial freedom with the individual. These are freedom of idea or thought and freedom of expression. These freedom is inherent and inalienable right with the individual. The Constitution of India also categorises fundamental freedom of its citizen under Art.19(1). The Press is also having same freedom as available to the individual. Though seemingly individual freedom and freedom of Press appears to be one and the same, it has a significant difference while such freedom is practised. Art.19(2) sets out area where individual liberty could be restricted. This restriction is in the interest of the State based on State's security, public order, social order; to maintain friendly relationship with foreign States etc. This restriction are ideals and reasons on which freedom of citizen is regulated. Although it reflects enabling power to restrict freedom of individual, it nevertheless forms the very ideal in the legal order in public governance. An individual has freedom to think in terms of his aspiration unless his aspiration confronts with any positive law of the State as framed or enacted under Article 19(2) of the Constitution. His ideas and thoughts even if it is in not conformity with the constitutional values, remain unfettered unless it is encroached upon any area restricted in terms of Art.19(2) of the Constitution (see S.153 A of IPC, Unlawful Activities (Prevention) Act, 1967). However, Press has no such freedom. The liberty of the Press is to disseminate information or idea in circulation. Since it is public function, it has bounden duty and responsibility to discharge its functions in conformity with the constitutional values and ideals, and without any repugnancy to principles under Art.19(2) of the Constitution. Therefore, Freedom of Press must take into account, values of constitutional polity as envisaged under the constitution while discharging its function as like any other public functionary under the Constitution. The keeper of such values cannot denounce those values as the same would be repugnant to the responsibility attached to the very nature of the public function being discharged by them. Thus, the Press has inherent limitation on their freedom based on the criteria of restriction under Article 19(2) of the Constitution.