Editor: I. Mallikarjuna Sharma Volume 11: 15-31 March 2015 No. 5-6

ISC-136 Shreya Singhal v. Union of India [IND-SC] (2015) 1 LAW
6. In reply, Mr. Tushar Mehta, learned Additional
Solicitor General defended the constitutionality
of Section 66A. He argued that the legislature is
in the best position to understand and appreciate
the needs of the people. The Court will, therefore,
interfere with the legislative process only when a
statute is clearly violative of the rights conferred
on the citizen under Part-III of the Constitution.
There is a presumption in favour of the
constitutionality of an enactment. Further, the
Court would so construe a statute to make it
workable and in doing so can read into it or read
down the provisions that are impugned. The
Constitution does not impose impossible
standards of determining validity. Mere
possibility of abuse of a provision cannot be a
ground to declare a provision invalid. Loose
language may have been used in Section 66A to
deal with novel methods of disturbing other
people’s rights by using the internet as a tool to
do so. Further, vagueness is not a ground to
declare a statute unconstitutional if the statute is
otherwise legislatively competent and nonarbitrary.
He cited a large number of judgments
before us both from this Court and from overseas
to buttress his submissions.
Freedom of Speech and Expression
Article 19(1)(a) of the Constitution of India states
as follows:
“Article 19. Protection of certain rights regarding
freedom of speech, etc. –
(1) All citizens shall have the right –
(a) to freedom of speech and expression;”
7. Article 19(2) states:
“Article 19. Protection of certain rights regarding
freedom of speech, etc. –
(2) 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 sovereignty and
integrity of India, 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.”
8. The Preamble of the Constitution of India inter
alia speaks of liberty of thought, expression,
belief, faith and worship. It also says that India is
a sovereign democratic republic. It cannot be over
emphasized that when it comes to democracy,
liberty of thought and expression is a cardinal
value that is of paramount significance under our
constitutional scheme.
9. Various judgments of this Court have referred
to the importance of freedom of speech and
expression both from the point of view of the
liberty of the individual and from the point of
view of our democratic form of government. For
example, in the early case of Romesh Thappar v.
State of Madras, [1950] S.C.R. 594 at 602, this
Court stated that freedom of speech lay at the
foundation of all democratic organizations. In
Sakal Papers (P) Ltd. & Ors. v. Union of India,
[1962] 3 S.C.R. 842 at 866, a Constitution Bench
of this Court said freedom of speech and
expression of opinion is of paramount importance
under a democratic constitution which envisages
changes in the composition of legislatures and
governments and must be preserved. In a separate
concurring judgment Beg,J. said, in Bennett
Coleman & Co. & Ors. v. Union of India & Ors.,
[1973] 2 S.C.R. 757 at 829, that the freedom of
speech and of the press is the Ark of the
Covenant of Democracy because public criticism
is essential to the working of its institutions. 2
10. Equally, in S. Khushboo v. Kanniamal & Anr.,
(2010) 5 SCC 600, this Court stated, in paragraph
45 that the importance of freedom of speech and
expression though not absolute was necessary as
we need to tolerate unpopular views. This right
requires the free flow of opinions and ideas
2 Incidentally, the Ark of the Covenant is perhaps the single
most important focal point in Judaism. The original ten
commandments which the Lord himself gave to Moses
was housed in a wooden chest which was gold plated and
called the Ark of the Covenant and carried by the Jews
from place to place until it found its final repose in the
first temple - that is the temple built by Solomon.
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