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Report No. 101

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

Chapter 1 Introductory
1.1 The scope
2. The background
3. Classification of institutions that need the freedom of speech
4. The anomaly
5. Anomaly
6. Importance of organisation
7. Press Commission Report
8. Subject taken up suo motu
9. Inquiry confined to freedom of speech and other expression
10. Working Paper circulated by the Commission
Chapter 2 History
2.1. Drafting history of Article 19
2. Report of the Sub-Committee on Fundamental Rights
3. Drafting history of Article 14
Chapter 3 The Present Position
3.1. Present position under Article 19 of the Constitution
2. Chronological survey of case law-cases upto 1965
3. Decision of 1970
4. Decision of 1973
5. Criticism of the case of 1973
6. Supreme Court judgment of 1983
Chapter 4 The Need for Constitutional Amendment
4.1. Need for amendment
2. The individual's life as lived through the organisation
3. Reality of organisation
4. Company as a distinct entity the legal aspect
5. Social character of corporations
6. Public image of corporations as distinct from members
7. Three-fold capacity
8. Present position anomalous
9. Importance of freedom of expression
10. Need to remedy the present situation
11. Report of the Second Press Commission
Chapter 5 Position in England, U.S.A., Canada and Some of Commonwealth Countries
5.1. Introductory
2. Position in England
3. Illustrative case
4. Recent suggestion made in England
5. United States
6. Corporation's rights in U.S.A
7. Leading cases
8. Freedom of speech available to all entitles in U.S.A
9. Majority view in First National Bank of Boston v. Bellotti
10. Powell, J.'s view (majority)
11. Burger, C.J.'s view (concurring judgment)
12. Other views
13. A summing up by Pritchett
14. Comments on the case First National Bank v. Bellotti
15. Orgainisation other than newspapers
16. Other freedoms in U.S.A.-position regarding corporations
17. Position generally in other Constitutions
18. Canadian Bill of Rights of 1966
"Part I Bill of Rights
Bill of Rights
19. New Constitution of Canada
20. A commonwealth precedent: the Constitution of Antigua
Chapter 6 Comments Received on the working Paper
6.1. Comments received on the Working Paper
2. Analysis of comments
3. Replies expressing agreement with the need for amendment of Article 19
4. Some points made in the comments as to need for amendment
5. Scope of the amendment
Chapter 7 Recommendation for Constitutional Amendment
7.1. Recommendation for Constitutional Amendment
2. Companies
3. Corporate bodies other than Companies
4. Unincorporated bodies
5. Recommendation

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