COMMERCIAL AND PROHIBITED SPEECHES NOT PART OF FUNDAMENTAL RIGHTS: A CONSTITUTIONAL AND JURISPRUDENTIAL ANALYSIS

AUTHOR – DR SANCHITA RAY, ASSISTANT PROFESSOR AT SCHOOL OF LAW, SHARDAUNIVERSITY GREATER NOIDA,UP

BEST CITATION – DR SANCHITA RAY, COMMERCIAL AND PROHIBITED SPEECHES NOT PART OF FUNDAMENTAL RIGHTS: A CONSTITUTIONAL AND JURISPRUDENTIAL ANALYSIS, ILE MULTIDISCIPLINARY JOURNAL, 4 (2) OF 2025, PG. 624-629, APIS – 3920-0007 | ISSN – 2583-7230.

Abstract

Freedom of speech and expression, guaranteed under Article 19(1)(a) of the Indian Constitution, forms a cornerstone of democratic governance and individual liberty. However, this right is not absolute. The Supreme Court of India, through a recent judgment, reaffirmed that commercial and prohibited forms of speech do not fall within the ambit of Fundamental Rights. This article delves deeply into the constitutional framework governing free speech, judicial interpretations shaping its evolution, and the implications of excluding commercial and harmful expressions from constitutional protection. Examining relevant case law, statutes, and policy developments, the article argues that this exclusion aligns with constitutional morality, public interest, and the doctrine of reasonable restrictions. The analysis also highlights the growing concerns around social media, influencer accountability, and digital regulation, emphasizing the urgent need for comprehensive legal frameworks to balance free expression with societal responsibility.

Keywords: Freedom of speech, commercial speech, prohibited speech, Supreme Court of India, reasonable restrictions, free expression, social media, influencer accountability, constitutional law.