Right to Commercial Speech in India: Construing Constitutional Provisions Harmoniously in Favor of Public Health

Journal of Law, Medicine and Ethics 50 (2):284-290 (2022)
  Copy   BIBTEX

Abstract

This article examines the right to commercial speech that has been read into the right to freedom of speech and expression under Article 19(1)(a) of the Constitution of India. Restrictions on this right are only permitted if they come within the ambit of the exhaustive list of reasonable restrictions under Article 19(2), under which public health is notably absent. Nevertheless, through the doctrine of harmonious construction, the Indian judiciary have adopted a purposive interpretation to circumvent the omission of public health by carving up freedom of commercial speech into two parts: protected speech which furthers public interest and unprotected speech which is purely commercial. Moreover, the Indian courts have construed these provisions in light of the right to life under Article 21 and the health-related Directive Principles of State Policy under Part IV of the Constitution. This article concludes that judicial creativity in India has consistently been used in favor of protecting public health.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 90,616

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

United States: Protecting Commercial Speech under the First Amendment.Jennifer L. Pomeranz - 2022 - Journal of Law, Medicine and Ethics 50 (2):265-275.
Defining Commercial Speech in the Context of Food Marketing.Jennifer L. Pomeranz & Sabrina Adler - 2015 - Journal of Law, Medicine and Ethics 43 (S1):40-43.
The Problems of Correction of the Official Constitutional Doctrine.Egidijus Jarašiūnas - 2009 - Jurisprudencija: Mokslo darbu žurnalas 115 (1):39-70.

Analytics

Added to PP
2022-07-29

Downloads
6 (#1,269,929)

6 months
2 (#670,035)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

No citations found.

Add more citations

References found in this work

No references found.

Add more references