BALANCING FREEDOM OF ARTISTIC EXPRESSION AND FUNDAMENTAL DUTIES: A CONSTITUTIONAL PERSPECTIVE

AUTHOR – ADV. HARSHA MISHRA, LL.M FINAL YEAR IN DES’S SHRI NAVALMAL FIRODIA LAW COLLEGE, AFFILIATED TO SAVITRIBAI PHULE PUNE UNIVERSITY

BEST CITATION – ADV. HARSHA MISHRA, BALANCING FREEDOM OF ARTISTIC EXPRESSION AND FUNDAMENTAL DUTIES: A CONSTITUTIONAL PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 172-181, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT-

Artistic expression serves as a vital tool for dialogue, cultural enrichment, and social transformation. In India, this freedom is protected under Article 19(1)(a) of the Constitution, which guarantees the right to freedom of speech and expression. However, this right is not absolute. Article 19(2) permits reasonable restrictions to safeguard public order, morality, decency, and national integrity. Further, Article 51A outlines the Fundamental Duties of citizens, emphasizing the need to promote harmony, respect cultural heritage, and uphold the dignity of the nation. This creates a delicate balance between individual liberties and collective responsibilities, particularly when art unsettles prevailing beliefs or social norms. Recent controversies highlight this ongoing tension. The protests against Padmaavat (2018), the backlash to Besharam Rang (2023), and the debate around a socially charged performance on India’s Got Talent (2024) reveal how creative works often face opposition for offending community sentiments. Such cases have prompted judicial scrutiny to determine the boundaries of acceptable expression. This paper critically analyzes the legal framework governing artistic freedom in India, with a focus on evolving judicial interpretations. It explores how state intervention, public morality, and societal sensitivities shape the limits of expression. It also examines whether invoking Fundamental Duties contributes to a culture of censorship or genuinely upholds social cohesion. The study advocates for a balanced constitutional approach—one that protects artistic freedom while respecting the pluralistic values of Indian society. A nuanced framework is essential to ensure that artistic expression continues to flourish as a democratic force without undermining the nation’s ethical and cultural fabric.

Keywords: Artistic Expression, Freedom of Speech, Reasonable Restrictions, Fundamental Duties, Public Morality, Censorship.