Question:
Assertion (A): Freedom of Speech is the most important civil liberty of people in a democratic polity.
Reason (R): State can regulate free speech in the interest of public order.
Assertion (A): Freedom of Speech is the most important civil liberty of people in a democratic polity.
Reason (R): State can regulate free speech in the interest of public order.
Reason (R): State can regulate free speech in the interest of public order.
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Fundamental rights in India are not absolute and may be restricted under reasonable grounds specified in the Constitution.
Updated On: Aug 11, 2025
- Both A and R are individually true and R is the correct explanation of A
- Both A and R are individually true but R is not the correct explanation of A
- A is true but R is false
- A is false but R is true
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The Correct Option is A
Solution and Explanation
Freedom of Speech is a fundamental right under Article 19(1)(a), but it is subject to reasonable restrictions under Article 19(2) including in the interest of public order. Therefore, both A and R are correct and R explains A.
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Top CLAT Legal Studies Questions
- The Indian legal system places a significant emphasis on protecting the rights and welfare of children. The Juvenile Justice (Care and Protection of Children) Act, 2015, is a vital piece of legislation in this regard. It is designed to ensure that children in conflict with the law receive special care, protection, and treatment, with the ultimate goal of their rehabilitation and reintegration into society.
One of the key provisions of the Act is the establishment of Juvenile Justice Boards (JJBs) at the district level. These boards consist of a Metropolitan Magistrate or Judicial Magistrate of the first class and two social workers, at least one of whom should be a woman. The primary function of the JJB is to determine the age of the juvenile, the circumstances in which the offense was committed, and whether the juvenile should be sent to a special home or released on probation.
The Act makes a clear distinction between a “child in conflict with the law” and a “child in need of care and protection.” A child in conflict with the law is one who has committed an offense, while a child in need of care and protection is a child who is vulnerable or at risk and requires special care and support.
The Act introduces a unique approach to dealing with children who are in conflict with the law. For children between the ages of 16 and 18, who have committed heinous offenses, they can be tried as adults, subject to a preliminary assessment by the Juvenile Justice Board. This assessment considers the child’s mental and physical capacity to commit such an offense. If the board determines that the child should be tried as an adult, the case is transferred to the regular criminal courts.
The Act also places restrictions on the publication of information that could lead to the identification of a juvenile offender. This is done to protect the privacy and future prospects of the child. - In India, the legal landscape surrounding online defamation is a subject of significant interest and debate. With the rise of social media, and online platforms, cases of online defamation have become increasingly common. Defamation refers to making false statements about someone that harm their reputation. Online defamation includes defamatory statements made on the internet, including social media, blogs, forums, and other online platforms.
One critical aspect of online defamation is determining the liability of intermediaries, such as social media platforms or websites, for defamatory content posted by users. Section 79 of the Information Technology Act, 2000, provides a safe harbor for intermediaries, stating that they are not liable for third-party content if they act as intermediaries and follow due diligence in removing or disabling access to the content once notified.
However, determining whether an intermediary has fulfilled its due diligence obligations can be complex. The Indian judiciary has been actively interpreting this provision. One significant case is the Shreya Singhal v. Union of India, in which the Supreme Court clarified that intermediaries are required to act upon a valid court order or government directive for content removal, not upon private complaints.
The court also emphasized that the intermediaries should not take a proactive role in monitoring content, as this could potentially infringe on free speech. While the law provides a safe harbor, it does not absolve intermediaries from their responsibilities.
Online defamation cases often involve a balancing act between the right to freedom of expression and the right to reputation. The Indian legal system requires a careful examination of the content, context, and intent of the statements to determine whether they qualify as defamatory. Additionally, the plaintiff in an online defamation case must prove that the statement was false, damaging to their reputation, and made with a degree of fault, such as negligence or actual malice. - The Editors Guild of India has expressed concern over the “draconian provisions” of the Press and Registration of Periodicals (PRP) Bill, 2023, that can have an adverse impact on freedom of the press.
The Guild added: “Editors Guild of India would like the proposed bill to ensure that publishing of news in India remains free of encumbrances and intrusive checks on publishers by the Registrar, and that the primary emphasis of the Registrar and the PRP remains ‘registration’ and not ‘regulation’, as the latter has the potential of restricting freedom of the press.”
“In the definitions section, the term ‘specified authority’ gives power to government agencies beyond the Press Registrar, to conduct the functions of the Registrar, which could even include police and other law enforcement agencies. Given the intrusive, expansive, and vague nature of powers that the bill in any case allows to the Press Registrar, the power to further delegate this power to other government agencies including law enforcement agencies is deeply distressing,” the Guild said.
The statement says sections 4(1) and 11(4) allow the Registrar to deny the right to bring out a periodical and cancel the certificate of registration of a periodical to persons convicted of “terrorist act or unlawful activity” or “for having done anything against the security of the State”.
“Interestingly, the PRB Act, 1867, had no such provisions. Given the liberal and arbitrary use of UAPA (which is the basis for defining ‘terrorist act’ and ‘unlawful activity’), as well as other criminal laws, including sedition, against journalists and media organisations to suppress freedom of speech, the Guild is deeply concerned by the introduction of these new provisions, and the way they can be misused to deny the right to bring out news publications to persons who are critical of governments,” it said.
Among the other worrisome provisions listed by the Guild is Section 6(b), which gives power to the Press Registrar (as well as any other “specified authority”) to enter the premises of a periodical to “inspect or take copies of the relevant records or documents or ask any questions necessary for obtaining any information required to be furnished”
[Extracted, with edits and revisions from “Editors Guild of India expresses concern over draconian provisions of the Press and Registration of Periodicals Bills, 2023” published in The Telegraph dated 07-08-2023] - There are some advantages of the Digital Personal Data Protection Act (DPDPA), 2023. For instance, for the first time, personal data belonging to or identifying children will have to be classified separately, with such data carrying a greater degree of security and privacy. The law also seeks to reduce the rate and impact of data breaches targeting Indian businesses. The Digital Personal Data Protection law, however, goes a step beyond by imposing penalties for cases where data is breached as a result of a lack of implementation of adequate security controls. However, it could be said that the law isn’t balanced, because it provides wide exemptions to the processing of personal data to the government. For instance, data can be processed “in the interest of prevention, detection, investigation or prosecution of any offence … in India.” These kinds of exemptions are dangerous as they stand to legitimise widespread and unwarranted collection of data under the guise that such collection and processing may ultimately be useful for preventing or deterring a crime.
Security agencies will have significant authority to collect and retain any data whatsoever, as is typically the case with exemptions relating to the maintenance of sovereignty, integrity, security of the state, preservation of public order, prevention of offences, and incitement to commit offences. The law also exempts processing of personal data held outside of India. The government is also exempt from being required to delete any data that it possesses, regardless of the purpose it may have been collected for, on the request of an individual, or by way of a prescribed data retention period.
The government is not bound by purpose limitations, allowing data collected for one specified purpose be used for a new, incompatible purpose, which stands in contrast to the regulations imposed on businesses.
[Extracted, with edits and revisions from “Digital Personal Data Protection Law Raises Questions About Consistency with Right to Privacy Ruling” published in The Wire dated 22-08-2023] - The Supreme Court on September 1 held that a child born of a void or voidable marriage can inherit the parent’s share in a joint Hindu family property. A three-judge Bench headed by Chief Justice of India D.Y. Chandrachud however clarified that such a child would not be entitled to rights in or to the property of any other person in the family. A voidable marriage is one that is made invalid by the husband or wife through a decree. A void marriage is invalid at its very inception.
Chief Justice Chandrachud said the first step to the inheritance of a child from a void or voidable marriage would be to ascertain the exact share of his parent in the ancestral property. This could be done by means of conducting a “notional partition” of the ancestral property and calculating how much of the property the parent would have got immediately before his death. Once the share of the deceased parent in the property is ascertained through such a notional partition, his heirs, including his children by means of void or voidable marriage, would be entitled to their portions in the share.
The Chief Justice said that Section 16 of the Hindu Marriage Act has statutorily conferred legitimacy to children born out of void or voidable marriages. In fact, Chief Justice Chandrachud pointed out that Section 16(3) stipulates that children from void and voidable marriages would have a right to their parents’ property. The court said the intent of granting legitimacy to such children in the Hindu Marriage Act should also be reflected in the Hindu Succession Act, which governs inheritance. Children from void or voidable marriages come within the ambit of “legitimate kinship” and cannot be regarded as illegitimate by the Hindu Succession Act when it comes to inheritance.
The case before the three-judge Bench was focused on an amended provision in the Hindu Marriage Act, Section 16(3). The case was referred to a larger Bench in 2011 after a Division Bench of the apex court refused to follow past precedents and championed the cause of children born out of illegitimate marriages.
“With changing social norms of legitimacy in every society, including ours, what was illegitimate in the past may be legitimate today. The concept of legitimacy stems from social consensus, in the shaping of which various social groups play a vital role,” Justice Ganguly, who authored the 2011 judgment, had observed.
During the hearings on the reference, Chief Justice Chandrachud had agreed with the Division Bench’s findings that children from void and voidable marriages had rights over the property, whether self-acquired or ancestral, of their parents
[Extracted with edits and revisions from “Children from void, voidable marriages entitled to parents’ share in ancestral property: Supreme Court”, by Krishnadas Rajagopal, The Hindu, https://www.thehindu.com/news/national/children-from-void-voidable-marriages-arelegitimate-can-claim-rights-in-parents-properties-sc/article67259229.ece ]
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Top CLAT Constitutional Laws Questions
- The 42nd Constitutional Amendment Act 1976 introduced the concept of environmental protection in an explicit manner into the Constitution through introduction of Article 48-A and Article 51-A (g). In many judgments, the Supreme Court ruled that both the state and its residents have a fundamental duty to preserve and protect their natural resources. The recent judgment obliquely makes way for an enforceable right, and a potential obligation on the state unless the same is overturned by an Act of Parliament.
India is signatory of various international environmental conservation treaties under which India has the binding commitment to reduce carbon emission. During the COP 21. India signed Paris Agreement along with 196 countries, under which universally binding agreement was made to limit greenhouse gas emission to levels that would prevent global temperatures from increasing to more than 1.5 degree Celsius before the industrial revolution. India has committed to generating 50% of its energy through renewable resources and will generate 500 GW of energy from non-fossil fuels by 2030, reducing the carbon emission by 1 billion ton. Additionally, India has committed to achieve net zero carbon emission target by 2070.
Supreme Court's March 21, 2024 verdict builds on the bulwark of jurisprudence in place since 1986, and, through various other judgments, the Supreme Court has recognised the right to clean environment along with right to clean air, water and soil free from pollution which is absolutely necessary for the enjoyment of life. Any disturbance with these basic elements of environment would amount to violation of Article 21. It also establishes duty of the state to maintain ecological balance and hygienic environment. Although right to clean environment has existed; by recognizing the right against climate change it shall compel the states to prioritize environmental protection and sustainable development.
(Extracted, with edits and revision, from "Supreme Court of India bolts Right to Life with climate justice", The Economic Times, 06-05-2024) - PRINCIPLE: Doctrine of Double Jeopardy: No person shall be prosecuted and punished for the same offence twice.
FACT: Maqbool brought some gold into India without making any declaration to the Customs department on the airport. The custom authorities confiscated the gold under the Sea Customs Act. Maqbool was later charged for having committed an offence under Foreign Exchange Regulation Act. - Assertion: Custom per se is law, independent of prior recognition by the sovereign or the judge.
Reason: Custom is source of law but by itself is not law. - Assertion: Idol is a person who can hold property.
Reason: Only human being can be called person not the lifeless things. - Assertion: Laws are means of achieving an end namely social control.
Reason: The ultimate end of law is to secure greatest happiness to greatest number.
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- In the realm of contemporary literature, the interplay between character and setting is a nuanced dance that shapes the narrative’s essence. The setting, often described with painstaking detail, becomes more than a backdrop; it becomes a character, influencing the plot and character development.
Consider, for instance, the barren expanse of the desert in Jhumpa Lahiri’s The Namesake. The arid landscape mirrors the sense of isolation felt by the protagonist, Gogol, as he navigates his identity crisis in a foreign land. The relentless sun and vast sands are not mere descriptions; they are the silent witnesses to his inner turmoil.
On the other end of the literary spectrum, there is Arundhati Roy’s The God of Small Things. The lush, vibrant Kerala backwaters are not just the setting; they are a character woven into the fabric of the story. The teeming, humid landscape reflects the complex web of human relationships and secrets that unravel in the narrative. This interplay is not confined to contemporary literature alone. In Shakespeare’s timeless tragedy Macbeth, the eerie and foreboding setting of the Scottish moors casts a dark shadow over the characters’ actions. The moors, shrouded in mist and mystery, serve as an ever-present omen of the impending tragedy. - The crisis of justice that is the subject matter of discussion in the media today is in fact the crisis of “justice for the middle class”. The main difference between India and the OECD (Organisation for Economic Cooperation and Development) countries is that whereas the middle class in these countries has reasonable access to justice, in India it does not. A vocal and powerful middle class has emerged in India since 1991. It is demanding reasonable access to justice. Much of the judicial reform effort will help meet this demand…
The question of justice for the poor is, however, an altogether different challenge. No country in the world has been able to secure justice for the poor. Most of the jails of the richest countries are filled with the poorest. The “masses” are more often victims of the criminal justice system than of crime. In India as well, jails are almost exclusively filled with the poor. The civil justice system is hardly accessible to them. They are often victimised by lawyers, touts and court staff. They are docket-excluded, a new type of untouchability. The language and the logic—and the colonial and feudal culture—of the judicial system are alien to them. It rarely takes cognisance of their needs and interests.
Their main concern, therefore, is to escape the attention of the justice system, criminal and civil. A landless Dalit person in the interior of Madhya Pradesh once gave me an insightful definition of a court from the perspective of the masses: “A court is a place where you are forcibly taken by the police to be punished; no one goes to a court.” In contrast, many lawyers and judges colloquially define a court as “a temple of justice where rights are protected”.
These sharply divergent visions mean that justice for one section is often injustice for another. Protecting the livelihood of traditional taxi and auto drivers from predatory pricing by corporate app-based taxi providers by imaginatively using the available tools of law to delay their incursion would be seen by the rich and by sections of the middle class as a failure of the judicial system, and possibly as also resulting in a downgrading of the “ease of doing business” measure. However, the masses would see such a judicial intervention as strong evidence of a good justice system. Although the conflict over competing visions of the nation and conflicting demands from social and economic segments have confined judicial reform of judicial administration mainly to “neutral” areas such as process reform, procedural law, technology, planning and court and case management, judge strength, and the workload of judges, there has been considerable improvement in these areas, and the judicial system has improved its performance.
[Extracted, with edits, from “Justice and the Two Ideas of India”, by G. Mohan Gopal, Frontline] - Everything she wanted was here, at Carignano, in Kasauli. Here, on the ridge of the mountain, in this quiet house. It was the place, and the time of life, that she had wanted and prepared for all her life-as she realized on the first day at Carignano, with a great, cool flowering of relief - and at last she had it. She wanted no one and nothing else. Whatever else came, or happened here, would be an unwelcome intrusion and distraction. This she tried to convey to the plodding postman with a cold and piercing stare from the height of the ridge onto his honest bull back. Unfortunately, he did not look up at her on the hilltop but stared stolidly down at the dust piling onto his shoes as he plodded on. A bullock-man, an oafish ox, she thought bitterly. She stepped backwards into the garden and the wind suddenly billowed up and threw the pine branches about as though to curtain her. She was grey, tall and thin and her silk sari made a sweeping, shivering sound and she fancied she could merge with the pine trees and be mistaken for one. To be a tree, no more and no less, was all she was prepared to undertake.
What pleased and satisfied her so, here at Carignano, was its barrenness. This was the chief virtue of all Kasauli of course-its starkness. It had rocks, it had pines, it had light and air. In every direction there was a sweeping view - to the north, of the mountains, to the south, of the plains. Occasionally an eagle swam through this clear unobstructed mass of light and air, that was all. And Carignano, her home on the ridge, had no more than that. Why should it? The sun shone on its white walls. Its windows were open the ones facing north opened on to the blue waves of the Himalayas flowing out and up to the line of ice and snow sketched upon the sky, while those that faced south looked down the plunging cliff to the plain stretching out, flat and sere to the blurred horizon.
Yes, there were some apricot trees close to the house. There were clumps of iris that had finished blooming. There was the kitchen with a wing of smoke lifting out of its chimney and a stack of wood outside its door. But these were incidental, almost unimportant.
[Extracted, with edits and revisions, from “Fire on the Mountain” by Anita Desai] - English literature is a vast and diverse field that has left an indelible mark on the world of letters. From the eloquent plays of William Shakespeare to the complex novels of Jane Austen and the profound poetry of William Wordsworth, English literature offers a window into the human experience. One of the luminaries of English literature is William Shakespeare, often hailed as the greatest playwright in the history of English language. His works, including Hamlet, Macbeth, and Romeo and Juliet, are celebrated for their exploration of human nature, love, ambition, and tragedy. His characters, such as the tormented Hamlet and the star-crossed lovers Romeo and Juliet, continue to captivate readers and audiences worldwide.
The 19th century ushered in a new era of literary giants. Jane Austen’s novels, such as Pride and Prejudice and Sense and Sensibility, provide incisive social commentary through the lens of wit and romance. Austen’s heroines, like Elizabeth Bennet and Elinor Dashwood, remain beloved literary figures known for their intelligence and resilience. The Romantic era brought forth poets like William Wordsworth and Samuel Taylor Coleridge, who celebrated * 8 UG the beauty of nature and the emotional intensity of the individual. Wordsworth’s ‘‘I Wandered Lonely as a Cloud’’ and Coleridge’s ‘‘The Rime of the Ancient Mariner’’ are testament to the power of the written words to evoke profound emotions and imagery. Moving towards 20th century, English literature continued to evolve. Virginia Woolf’s ground-breaking novel Mrs. Dalloway explored the inner thoughts and lives of its characters with a modernist narrative style. Dystopian visions, as seen in George Orwell’s Nineteen Eighty-Four provided stark warnings about the dangers of totalitarianism and the erosion of individual freedom.
Today, English literature is a global phenomenon, transcending borders and languages. Indian authors like Arundhati Roy, with her novel The God of Small Things, have won prestigious international literary awards. The book not only explores intricate family dynamics but also delves into the broader socio-political landscape of India. In summary, English literature is a testament to the enduring power of storytelling and the written word. It encompasses an array of authors, themes, and styles that continue to captivate and inspire readers across the world. - On the evening of the 10th, General Dyer arrived at Amritsar, and the Deputy-Commissioner handed over the civil power to him. He issued a proclamation by word of mouth that no meetings should be held. Two days later, after there had been no sort of riot, nor murder, General Dyer heard that a meeting was to be held at the Jallianwala Bagh. He proceeded there with about fifty troops, half British, half Indian, and a certain number of Ghurkas, armed with their kukris. The Jallianwala Bagh is an open space, half a mile square, which has one entry wide enough for three persons. The troops got in and lined up on a mound of debris. The walls, seven feet high, and the surrounding houses enclosed the people. There were, too, three alleys through which the people might have been able to pass. Within thirty seconds of the troops getting in, General Dyer gave orders to fire, and the crowd of people, estimated at anything from 5,000 to 20,000, who were sitting on the ground peacefully listening to the mob oratory, were fired on. The result of the troops’ fire into the mass of people we do not know. But we do know that Dyer’s own estimate of the casualties resulting from ten minutes continual individual firing, was 400 to 500 killed and 1,500 wounded. The people were not able to escape. They were people who had not offered any violence and who had not been warned. These people were shot down. After ten minutes, the ammunition was exhausted and the troops marched off, and they left 1,500 wounded there. There were men lying there for two days, dying of thirst, eating the ground, bleeding to death and nobody to look after them. Those who lived nearby came and carried away some of the wounded from the heap of dead and dying, but the unfortunate country people died there miserably of their wounds. This is what is done in 1919 in British India…
Centuries hence you will find Indian children brought up to this spot, just as they visit now the Cawnpore Well, and you can imagine the feelings of these Indians for generations over this terrible business.
[Col. Wedgwood, MP, speaking in the British Parliament, 22 December 1919]
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