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Report No. 101

Chapter 7

Recommendation for Constitutional Amendment

7.1. Two important considerations on the points of issue. On giving some thought to the lines on which the Constitution should be amended on the points at issue, we have come to the conclusion that any amendment has to be formulated, keeping in mind two broad considerations:-

(a) The protection under Article 19(1)(a) of the Constitution should be made available also to entities that are not "natural persons" but have a corporate status. In drawing up the list of such entities, notice could be legitimately taken of the varieties of organisations which we have described.1

(b) At the same time, it should be ensured that the corporations have an "Indian" character, just as natural persons (who are, at present entitled to the protection of Article 19, are required to be citizens of India for claiming the protection. Extension of the right to non-citizens is not the subject of the present inquiry.

It is needless to state that the consideration at (b) above qualifies the consideration at (a) above, and sets certain limits on it. One can call it. In brief, the character of "Indianness". The manner in which these limits can be incorporated while extending the right to non-natural persons, is a point which requires some discussion; we deal with that point in the next few paragraphs.

1. Para. 1.3, supra.



Freedom of Speech and Expression under Article 19 of the Constitution - Recommendation to Extend it to Indian Corporations Back




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