To The all Respected Member of ICSI and my loving friends The freedom of speech is regarded as the first condition of liberty. It occupies a preferred and important position in the hierarchy of the liberty, it is truly said about the freedom of speech that it is the mother of all other liberties. Freedom of Speech and expression means the right to express ones own convictions and opinions freely by words of mouth, writing, printing, pictures or any other mode (in present Context include Social Media also). In modern time it is widely accepted that the right to freedom of speech is the essence of free society and it must be safeguarded at all time. The first principle of a free society is an untrammeled flow of words in an open forum. Liberty to express opinions and ideas without hindrance, and especially without fear of punishment plays significant role in the development of that particular society and ultimately for that state. It is one of the most important fundamental liberties guaranteed against state suppression or regulation. Why to protect freedom of speech? Freedom of speech offers human being to express his feelings to other, but this is not the only reason; purpose to protect the freedom of speech. There could be more reasons to protect these essential liberties. There are four important justifications for freedom of speech – 1) For the discovery of truth by open discussion - According to it, if restrictions on speech are tolerated, society prevents the ascertainment and publication of accurate facts and valuable opinion. That is to say, it assists in the discovery of truth. 2) Free speech as an aspect of self- fulfillment and development – freedom of speech is an integral aspect of each individual’s right to self-development and self-fulfillment. Restriction on what we are allowed to say and write or to hear and read will hamper our personality and its growth. It helps an individual to attain self-fulfillment. 3) For expressing belief and political attitudes - freedom of speech provides opportunity to express one’s belief and show political attitudes. It ultimately results in the welfare of the society and state. Thus, freedom of speech provides a mechanism by which it would be possible to establish a reasonable balance between stability and social change. 4) For active participation in democracy – democracy is most important feature of today’s world. Freedom of speech is there to protect the right of all citizens to understand political issues so that they can participate in smooth working of democracy. That is to say, freedom of speech strengthens the capacity of an individual in participating in decision-making. Indian Constitution and Right to speech and express opinion : The importance of freedom of expression and speech can be easily understand by the fact that preamble of constitution itself ensures to all citizens inter alia, liberty of thought, expression, belief, faith and worship. The constitutional significance of the freedom of speech consists in the Preamble of Constitution and is transformed as fundamental and human right in Article 19(1) (a) as “freedom of speech and expression”. Explaining the scope of freedom of speech and expression Supreme Court has said that the words freedom of speech and expression must be broadly constructed to include the freedom to circulate ones views by words of mouth or in writing or through audiovisual instrumentalities. Freedom of Speech and expression means the right to express ones own convictions and opinions freely by words of mouth, writing, printing, pictures or any other mode. It thus includes the expression of ones idea through ANY COMMUNICABLE MEDIUM OR VISIBLE REPRESENTATION, SUCH AS GESTURE, SIGNS, AND THE LIKE. IN AK GOPLAN CASE IT WAS ESTABLISHED BY THE APEX COURT OF INDIA THAT Every citizen of this country therefore has the right to air his or their views through the printing and or the electronic media subject of course to permissible restrictions imposed under Article 19(2) of the Constitution of India. Express Newspapers (Bombay) (P) Ltd. v. Union of India the court held that Democracy is governed by the concept of by the people for the people to the people hence every one has a right to know his or candidature through media, information, publicity, which include social Media. Supreme Court illustrates that the freedom of express opinion is essential for the proper functioning of the democratic process. Democracy means Government of the people, by the people and for the people; it is obvious that every citizen must be entitled to participate in the democratic process and in order to enable him to intelligently exercise his right of making a choice, free and general discussion of public matters is absolutely essential Court concluded in a leading judgement that the test to adopt in India, emphasizing community mores, is that obscenity without a preponderating social purpose or profit cannot have the constitutional protection of free speech THIS FREEDOM IS NOT ABSOLUTE AND CAN BE RESTRICTED IN FOLLOWING GROUND SECURITY OF STATE (THE TERM SECURITY OF STATE REFERS ONLY TO SERIOUS AND AGGRAVATED FORMS OF PUBLIC ORDER E.G. REBELLION, WAGING WAR AGAINST THE STATE, INSURRECTION AND NOT ORDINARY BREACHES OF PUBLIC ORDER AND PUBLIC SAFETY, E.G. UNLAWFUL ASSEMBLY, RIOT, AFFRAY), FRIENDLY RELATIONS WITH FOREIGN STATES , PUBLIC ORDER, CONTEMPT OF COURT ETC AS far as my view is concerned that This Advisory/Directory should be amended as it is unconstitutional, against the basic principal of democracy and hence be declared as unoperative since retrospective effect. I WAS SHOCKED TO KNOW THE ADVISORY/DIRECTORY ISSUED BY THE INSTITUTE OF COMPANY SECRETARIES OF INDIA IN UPCOMING ELECTION THAT MEMBER CANDIDATE, THEIR AUTHORISED REPRESENATIVE CAN NOT MAKE APPEAL EVEN FOR VOTE. IN PRESENT SCENERIO SOCIAL MEDIA PLAY MAIN SOURCE FOR INTERACTION. ICSI HAS STRICTLY PROHIBITED ALL WAY AND DONE ACT IN THE SAME FASHION WHICH OCURRED IN THE TIME OF EMERGENCY BY INDIRA GOVERNMENT. IS THIS A FREE AND FAIR ELECTION WHERE A MEMBER HAS NO RIGHT TO DISCUSS ABOUT THE PROS AND CON ON MEDIA ?. WHETHER IN FREE AND FAIR ELECTION MEMBERS VOICE ARE STOPPED DUE TO PENAL PROVISION AS DIRECTORY CLEARLY SAYS THAT MEMBERS ARE LIABLE FOR DISCIPLINARY ACTIONS FOR NON-COMPLIANCE WITH ANY OTHER DIRECTIVES OR CIRCULARS OR INSTRUCTIONS ISSUED BY THE RETURNING OFFICER ?. Modi ji government came into force due to electronic media. It is the electronic media which is most influncing in present arena. NOW I WANT TO ASK FEW QUESTION 1. HOW A CS MEMBER CAN BE CONTACT WHEN 5O PERCENT MEMBER CAN NOT BE CONTACTED THROUGH MANIFESTO MODE. EITHER THEIR HOME ADDRESS IS WRONG OR THEY HAVE SHIFTED FROM ONE PLACE TO ANOTHER. 2. WHETHER THIS IS NOT THE VIOLATION OF RIGHT TO EXPRESS YOUUR OPINION . HOW CAN A CS BE DUMB WHEN HIS RIGHT ARE BREACHED IN TOTO BY OWN AUTHORITY. I THINK IT IS RULE FRAMED FOR THE BENEFIT . 3 HOW ICSI HAS FORMULATED SUCH TYPE OF DRASTIC AND ANTI DEMOCRTCI RULE BY WHICH ALL MEMBER RIGHT OF SPEECH ARE PROHIBITED. 4 HOW A SMALL TOWN CANDIDATE DO HIS CAMPANING WITHOUT SOCIAL MEDIA. 5 PUBLICATION OF MENIFESTO ARE COSTLY AND IF MAILED IT IS PRACTICALLY NOT POSSIBLE AS ALL MEMBER EMAIL ID IS NOT UPDATED AND SERVER ERROR. 6 WHETHER CHIEF RETURNING OFFICE SHOULD NOT AMEND THIS GUIDELINE IN THE SPIRIT OF DEMOCRACTIC SET UP AND NATURAL JUSTICE? LETS FOLLOW THE RULE OF DEMOCRACY AND IT SAY THAT THERE SHOULD BE A OPEN DISCUSSION ON MEMBER CHOICE FOR THEIR CANDIDATURE AS IT IS A FUNDAMENTAL RIGHT ENSHRINED UNDER ARTICLE 14, 19, AND 21 OF THE CONSTITION OF INDIA. RAJRISHI (ADV)
Posted on: Thu, 13 Nov 2014 03:51:02 +0000
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