The constitutional restriction on Article 19(1) (a) in the form of public order falls within the concentric circle of
(A) Obscenity
(B) Law and order
(C) Security of State
(D) Defamation
Correct Ans: (B)
Explanation:
The Indian Constitution guarantees freedom of speech and expression under Article 19(1)(a). However, this right is not absolute. The government can impose reasonable restrictions to maintain public order. Courts consider public order as a broader concept that includes law and order and the security of the state.
In legal terms, law and order refers to smaller disturbances like local protests or minor conflicts. Public order covers larger disruptions that affect society at a broader level. If a situation threatens peace and stability, the government may restrict speech to prevent violence.
For example, if a speech incites riots or communal tensions, authorities can legally intervene to maintain order. Courts often examine whether an act directly affects public peace or is just an individual offense under law and order. Only serious threats qualify as public order concerns.
Thus, public order fits within the concentric circle of law and order, meaning every public disorder impacts law and order, but not every law and order issue disturbs public order. This distinction helps courts balance free speech with societal harmony.
