Document Fragment View

Matching Fragments

18. Before we proceed to examine the rival contentions of learned counsel for the parties as noted above, it is useful to note relevant constitutional provisions as well as law on the subject as declared by the Supreme Court.

19. Our Constitution is the documentation of the founding faiths of a nation and the fundamental directions for their fulfillment. The Constitution is not just a document in solemn form, but a living framework for the Government of the people exhibiting a sufficient degree of cohesion and its successful working depends upon the democratic spirit underlined therein. The founding fathers of the Constitution, cognizant of the reality of life wisely engrafted the Fundamental Rights and Directive Principles W.P(C).No. 32529 of 2007 & connected cases in Chapters III and IV for a democratic way of life. The fundamental rights have in fact proved to be the most significant constitutional control on the Government, particularly legislative power. Article 19 of the Constitution is an arch on which edifice, i.e., the basic structure has been built and developed. In the present case, we mainly are concerned with the right guaranteed under the Constitution to "freedom of speech and expression". Article 19(1) and 19(2), which are relevant for the present case, are quoted as follows: