Freedom of the press in India is not mentioned separately but is derived from which Article of the Constitution of India?

Difficulty: Medium

Correct Answer: Article 19

Explanation:


Introduction / Context:
Freedom of the press is a vital component of any functioning democracy. In India, there is no explicit, separate Fundamental Right labelled “freedom of the press” in the Constitution. Instead, the courts have interpreted certain general freedoms to include press freedom. This question tests your understanding of which specific constitutional article forms the basis for this interpretation.


Given Data / Assumptions:

    The question states that the freedom of the press is derived, not separately mentioned.
    You must identify the correct Article number that provides the underlying Fundamental Right from which press freedom is inferred.
    The options given are Articles 16, 19, 22 and 31.


Concept / Approach:
Article 19(1)(a) of the Constitution guarantees to all citizens the right to freedom of speech and expression. The Supreme Court has repeatedly held that this freedom includes the freedom of the press, because the press is a medium for disseminating speech and expression. Therefore, even though the phrase “freedom of the press” does not appear word-for-word in the Constitution, it is protected under Article 19(1)(a). The approach is to recall which article deals with freedom of speech and expression and then link that to press freedom.


Step-by-Step Solution:
Step 1: Recall that Article 19(1)(a) grants all citizens the right to freedom of speech and expression. Step 2: Remember that courts have interpreted this freedom broadly to cover not only spoken words but also written communication, publication, broadcasting and the press. Step 3: Recognise that there is no separate article explicitly naming “freedom of the press,” so this freedom must be inferred from the general right to speech and expression. Step 4: Compare the options: Article 16 deals with equality of opportunity in public employment, Article 22 with protection against arbitrary arrest and detention, and Article 31 used to deal with property rights (now replaced by Article 300A). Step 5: Only Article 19 matches the freedom-of-speech-and-expression basis for press freedom.


Verification / Alternative check:
Standard constitutional law and polity textbooks clearly state that freedom of the press is subsumed under Article 19(1)(a). Landmark Supreme Court judgments have elaborated that any unreasonable restriction on the press must be justified under the reasonable-restrictions clause of Article 19(2). Since no other article provides such a general communication freedom, it is clear that the correct answer is Article 19.


Why Other Options Are Wrong:
Article 16: This article deals with equality of opportunity in matters of public employment, not with communication or the press. Article 22: This article provides procedural safeguards relating to arrest and detention, especially in preventive-detention cases. It does not cover press freedom. Article 31: This article formerly dealt with the right to property as a Fundamental Right, but it has been repealed. In any case, it never addressed freedom of the press.


Common Pitfalls:
Candidates sometimes assume that because press freedom is so important, it must have a separate article. Others mix up article numbers for different Fundamental Rights. A good practice is to memorise the basic mapping: Article 14 (equality before law), Article 19(1)(a) (speech and expression), Article 21 (life and personal liberty), and then connect freedom of the press directly with Article 19(1)(a). This prevents confusion in the exam hall.


Final Answer:
Freedom of the press in India is derived from the Fundamental Right to freedom of speech and expression under Article 19 of the Constitution of India.

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