A CRITICAL ANALYSIS OF ISSUES AND CHALLENGES IN FREEDOM OF SPEECH AND EXPRESSION VIS-A-VIS CONTEMPT OF COURT IN INDIA

Abstract

Although words break no bones yet freedom of speech needs regulation because unrestricted freedom of speech can have far reaching destructive and negative consequences. But the question is to what extent, one can exercise his freedom of speech especially when the speech right is exercised against the judiciary? Human power not only vests in his speech but also in its expression through which he has the potential to even bring a revolution; for good or for bad. Law therefore imposes restrictions on speech but only reasonable restrictions have given the sword to the judiciary for its protection and maintenance of dignity. But then why criminal contempt cases are mounting day by day? Is the law inadequate? Whether the restrictions which were considered reasonable earlier have become unreasonable in contemporary times? There are many unanswered questions that need to be delved upon and find out the solution failing which chaos will gradually lead to darkness. 

The paper is an attempt to study the legislative and judicial perspective towards the contempt law and analyse the imbalance between criticism and contempt power of court through the prism of freedom of speech and how the imbalance can be mitigated in an amicable and harmonious manner.