Miscellaneous - This Day That Age   

dated April 19, 1960: Fundamental rights

The three-day session of the second All-India Law Conference which concluded in Patna on April 17 adopted the report of its Constitutional Law Committee on fundamental rights, judicial review through writ petitions and inter-State trade barriers. The report on the freedom of speech said that in view of the differences of opinion among the high courts in India as to the constitutionality of Section 124-A of the Indian Penal Code (sedition) even after the passing of the First Constitution Amending Act, it was desirable that there should be an amendment of that section and it should be made clear in what circumstances restrictions can be put on the freedom of speech and expression in the interests of public order.

It should also be made clear, it said, that the Constitution in formulating various criteria for permissible legislation imposing restrictions on fundamental rights in Article 19(1) has placed the right to freedom of speech and expression on a special pedestal and mere criticism of Government or exciting feelings inimical to the party in power should not be regarded as a justifying ground for restricting freedom of speech or expression.

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