the early case of Romesh Thappar v. State of Madras, [1950]
S.C.R. 594 at 602, this Court stated that freedom of speech lay
at the foundation of all democratic organizations.
In Sakal
Papers (P) Ltd. & Ors. v. Union of India, [1962] 3 S.C.R. 842
at 866, a Constitution Bench of this Court said freedom of
speech and expression of opinion is of paramount importance
under a democratic constitution which envisages changes in
the composition of legislatures and governments and must be
preserved. In a separate concurring judgment Beg,J. said, in
Bennett Coleman & Co. & Ors. v. Union of India & Ors.,
[1973] 2 S.C.R. 757 at 829, that the freedom of speech and of
the press is the Ark of the Covenant of Democracy because
public criticism is essential to the working of its institutions. 2
10.
Equally, in S. Khushboo v. Kanniamal & Anr., (2010) 5
SCC 600 this Court stated, in paragraph 45 that the importance
of freedom of speech and expression though not absolute was
2
Incidentally, the Ark of the Covenant is perhaps the single most important focal point in Judaism.
The original ten commandments which the Lord himself gave to Moses was housed in a wooden chest which was
gold plated and called the Ark of the Covenant and carried by the Jews from place to place until it found its final
repose in the first temple - that is the temple built by Solomon.
10