Consider the following Statements:

Statement I: Defamation is a reasonable restriction on the fundamental right to freedom of speech and expression under Article 19(1) (a)
Statement II: The right to reputation is the inherent right under Article 19.

Which one of the following is correct with respect to the above statements?

Question

Consider the following Statements:

Statement I: Defamation is a reasonable restriction on the fundamental right to freedom of speech and expression under Article 19(1) (a)

Statement II: The right to reputation is the inherent right under Article 19.

Which one of the following is correct with respect to the above statements?

Quintessence Classes · Accepted Answer

The correct answer is Statement-I is correct but Statement-II is incorrect.. Analysis of the StatementsStatement I: Defamation as a reasonable restriction (Correct)While Article 19(1)(a) grants the freedom of speech and expression, it is not absolute. Article 19(2) lists specific "reasonable restrictions," and defamation is explicitly mentioned as one of the grounds upon which the state can limit your speech. You cannot use your freedom of speech to damage another person's reputation.Statement II: Right to reputation under Article 19 (Incorrect)This is where the nuance lies. While the right to reputation is indeed a fundamental right, the Supreme Court of India (most notably in Subramanian Swamy v. Union of India) has ruled that the Right to Reputation is a facet of the Right to Life and Personal Liberty under Article 21, not Article 19.Key Distinction: Article 19 is about Outward Liberties (speaking, moving, assembling), while Article 21 is about Inherent Dignity and the right to a meaningful life.

Answer

Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I.

Answer

Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-I.

Answer

Statement-I is incorrect but Statement-II is correct.

Answer & Explanation

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JKPSC JKAS 2023 Prelims

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