“BALANCING LIBERTY, DISSENT & PUBLIC ORDER IN CONTEMPORARY INDIA” – “RE-DEFINING THE CONSTITUTIONAL PHILOSOPHY OF ARTICLE 19(1)A IN THIS MODERN ERA”
AUTHOR – PRATHAMESH SANJAY, STUDENT AT SYMBIOSIS LAW SCHOOL, NAGPUR
BEST CITATION – PRATHAMESH SANJAY, “BALANCING LIBERTY, DISSENT & PUBLIC ORDER IN CONTEMPORARY INDIA” – “RE-DEFINING THE CONSTITUTIONAL PHILOSOPHY OF ARTICLE 19(1)A IN THIS MODERN ERA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 01-05, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I914
Abstract
The theme of “Balancing the liberty, dissent & public order” defines the free speech and preserves the social stability. Article 19(1)(a) guarantees freedom of speech & expression. Which is one of the foundational democratic Right of a citizen, The proviso embodies the idea of liberty, accountability and participatory governance. The free speech has been open to various judicial interpretation, through over the year there have been drastic changes regarding the article, various tests are there from reasonable restriction till present day the proportionality test. Article 19(2) defines the reasonable restriction on free speech and freedom of expression. Presently the paper will deal through philosophy of 19(1) with the rising challenges with regards to free speech in this algorithmic era. We will also come various tests which the court has made a foundation to determine what is deemed to be reasonable and unreasonable? the emergence of hate speech and polarized discourse challenges the fine balance between liberty and equality in a plural society. The regulatory measures may lead to overbreadth, which may chill dissent and democratic participation. The main part will deal with the judicial evolution of Article 19(1) and compare it to modern day situation of public order and digital governance. We will see how the dissent is to be protected while applying restriction which are narrow, reasonable, proportionate in this Algorithmic sphere.
Key words: Accountability, Algorithmic, Reasonable, Polarized, restriction, Hate-speech, liberty, equality.