On which of the following grounds the restriction on the Fundamental rights of…

Concept

Freedom of speech and expression under Article 19(1)(a) is not absolute. Article 19(2) of the Constitution gives an exhaustive, closed list of grounds on which the State may impose reasonable restrictions on this freedom. Only a ground that finds explicit mention in this list is constitutionally valid; any ground lying outside the list cannot be used to curb speech.

The eight grounds enumerated in Article 19(2) are: sovereignty and integrity of India, security of the State, friendly relations with foreign States, public order, decency or morality, contempt of court, defamation, and incitement to an offence.

Application

Testing each offered ground against the Article 19(2) list:

• Contempt of Court — appears in the list, so it is an available ground.

• Friendly relation with foreign State — appears in the list, so it is an available ground.

• Public order — appears in the list, so it is an available ground.

• Public Interest — does not appear among the eight enumerated grounds; being a broad, open-ended notion it is not an available ground.

The only ground absent from Article 19(2), and hence the one on which a restriction cannot be founded, is Public Interest.

Cross-check

The Supreme Court has consistently held that general 'public interest' is not a permissible head under Article 19(2): in Shreya Singhal v. Union of India the Court stressed that restrictions must fall squarely within the enumerated heads, and a broad notion such as public interest does not by itself qualify.