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My Constitutional Rights as A Comedian or Artist in India

There is no separate clause for art, satire, or comedy. Everything you say on stage rides on one sentence, Article 19(1)(a), and on the eight grounds in 19(2) on which the state may reasonably restrict it. Know both.

Descriptive, not legal advice · text as amended through the 106th Amendment (2023)

Protection of certain rights regarding freedom of speech, etc

19(1)(a) guarantees freedom of speech and expression, which courts have held covers art, film, satire, and performance. 19(2) lists every permitted ground of restriction: sovereignty and integrity, security of the state, foreign relations, public order, decency or morality, contempt of court, defamation, incitement. A restriction outside these grounds is unconstitutional.

Protection of certain rights regarding freedom of speech, etc

Your work is also a profession. 19(1)(g) protects the right to practice any profession or carry on any occupation, subject to reasonable restrictions in the public interest.

Protection of life and personal liberty

No deprivation of life or personal liberty except by procedure established by law. This is the article that stands between you and arbitrary state action.

Protection against arrest and detention in certain cases

If you are arrested over your material: you must be told the grounds, you may consult a lawyer of your choice, and you must be produced before a magistrate within 24 hours.

Freedom of conscience and free profession, practice and propagation of religion

Freedom of conscience. What you believe, or decline to believe, is protected.

Remedies for enforcement of rights conferred by this Part

If a fundamental right is violated, you can move the Supreme Court directly. It has been called the very soul of the Constitution.

The honest caveatSedition, obscenity, and defamation as offences live in the penal code, not the Constitution. Their constitutional test is always Article 19(2): is the restriction reasonable, and does it fall under a listed ground? Contempt of court, note well, is a listed ground.
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