fundamental rights

Querist : Anonymous (Querist) 30 March 2010 This query is : Resolved
in relation to my query of fundamental rights-freedom oe speech and expression, i also want to know what does the military law says on this

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Raj Kumar Makkad (Expert) 30 March 2010
Military law is not above the constitution of India but it has its own service rules and those should not be violated being a disciplinary force.

Sanjeev Panda (Expert) 30 March 2010
All laws including the military law are subservient to Constitution, however the reasonable restrictions can be imposed on this freedom of speech & expression as mentioned under Article 19 (1) (a) under the military law, as the military being a disciplined force can put reasonable restrictions on this right on various grounds like sovereignty and integrity of India, the security of the State, friendly relations with foreign States etc. . Further, the right to freedom of speech & expression is not an absolute right and reasonable restrictions by law can be imposed on this right by the state. See Article 19 (2) of the Constitution of India which goes as under:
“Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.”