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Report No. 101

1.6. Importance of organisation.-

There is a vital difference between individuals and organisations. Individuals may come and go. Their views may vary. Their keenness to defend their freedom and to assert their rights may not be the same as that of the organisation viewed as a whole. Their resources, time and energy, their status and stature, their moral weight and social eminence, may be of a much lower quality than that of the organisation. Hence, enforceability of a right at the instance of members of an organisation is no substitute for enforcement at the instance of the organisation. Apart from all these considerations, a constitutional provision dealing with fundamental freedoms cannot afford to neglect practical realities for long.

Such a neglect is likely to lead, in course of time, to distorted interpretations, to the emergence of legal fictions and to similar other developments that are no substitute for a clearly-worded and straight-forward provision. These are the principal reasons that have weighed with us in undertaking the present inquiry, aimed at considering the question whether Article 19(1)(a) of the Constitution should not be extended to non-natural persons, subject to certain conditions.

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

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