Article
https://doi.org/10.52783/mjble.631
A Comparative Analysis among the Constitution of India and Media Laws to Maintain Checks and Balances in the Light of Freedom of Speech and Expression
Article 19(1)(a) of the Indian Constitution protects freedom of speech and expression, and in many ways, it is what keeps the idea of a free press alive in India. It allows people to speak, question, and debate openly things that are absolutely necessary in any working democracy. But this freedom does not come without limits. Article 19(2) steps in to put certain restrictions in place, especially when it comes to how media and press operate, making sure that freedom does not slide into irresponsibility. Over the decades, the laws around media regulation in India have changed quite a bit. The courts have played a major role time and again and the judges have stepped in to push back against censorship and stop the government from overstepping its boundaries. That said, the rise of digital media has thrown up a whole new set of problems that the legal system has not quite caught up with yet. This research paper looks at how constitutional values and media laws interact with each other, and whether India's legal setup manages to protect free expression while also keeping misinformation in check. By going through Supreme Court decisions, various laws, and regulatory frameworks, it tries to map out how media regulation has developed over the years and where the courts and parliament have made a difference. While India’s judiciary has preserved the Article 19(1) in its various landmark decisions, ambiguity in statutory provisions and inconsistencies in enforcement continue to pose significant challenges The study underscores the pressing need for a balanced approach that ensures media accountability without undermining constitutional rights. In conclusion, this research emphasizes the necessity of a well-defined and enforceable legal framework that safeguards journalistic integrity while addressing contemporary challenges. The research advocates for targeted reforms in media laws, strengthened judicial oversight, and increased public awareness to foster a media ecosystem that is both free and responsible, while sustaining national security and unity of India.