Former Chief Justice of India BR Gavai said the Supreme Court has consistently shaped the meaning of free speech and expression for seventy-five years. He noted this steady evolution reflects the Court’s role in protecting freedoms in democracy.
The former Chief Justice of India, BR Gavai, emphasized how the Supreme Court continuously influenced the scope of freedom of speech and expression over the past 75 years.
He stated,
“The evolution of free speech jurisprudence in India reflects a larger constitutional commitment to ensure that the state’s power to restrict expression does not overshadow the citizen’s right to think, to speak and to participate freely in the democratic set-up.”
Delivering the Justice KT Desai Memorial Lecture 2025 on “Freedom of Speech and Expression: Its Scope and Limitations Under the Constitution,” Gavai highlighted several landmark Supreme Court decisions since India gained independence.
He illustrated how the judiciary has played a crucial role in safeguarding citizens’ rights.
He remarked,
“Over the last 75 years, the Supreme Court has steadily shaped and reshaped the contours of the freedom of speech and expression under Article 19(1)(A), while simultaneously defining the permissible limit under Article 19(2).”
Gavai further noted that this constitutional journey reveals a deliberate and consistent judicial effort to maintain the breadth of free speech while limiting restrictions to prevent dilution through overreach, vagueness, and excessive state control.
Moreover, he pointed out that the Supreme Court is now frequently tasked with addressing the challenges posed by digital communication its vast reach, potential for misuse, and its significant influence on public discourse.
He acknowledged that freedom of speech and expression encompasses various personal modes of expression vital for dignity, autonomy, and democratic participation.
He referenced a ruling where the Supreme Court recognized that transgender individuals possess a constitutionally protected right to express their gender.
Also Read: CJI Gavai Breaks Records: 21 Judges from Backward & SC Communities Appointed During His Tenure
As the 21st century progressed, Gavai observed that the court increasingly acknowledged the integral role of freedom of speech and expression in sustaining democracy, particularly in promoting transparency and enabling informed electoral choices.
Gavai stated,
“Traditional free speech principles must be recalibrated to respond to the unique challenges posed by the online world, including misinformation, surveillance, and the monopolistic powers of digital intermediaries.”
Click Here To Read More Reports on Ex-CJI BR Gavai
Click Here To Read More Reports on Freedom of Speech