Case Comment: Javed Ahmed Hajam v State of Maharashtra: Dissent, Democracy, and the Limits of Section 153A

The right to freedom of speech and expression, under Article 19(1)(a) of the Constitution of India, forms the bedrock of a functioning democracy. It is not merely a civil liberty but a political necessity without the freedom to criticise, question, and dissent, democratic governance loses its very legitimacy. However, this right has never been absolute. Article 19(2) permits the State to impose reasonable restrictions in the interests of public order, sovereignty and integrity of India, and other specified grounds. The challenge for the judiciary, therefore, lies not in acknowledging the existence of these restrictions but in ensuring that they are not weaponised to silence voices that are merely inconvenient to those in power.