Hate Speech
Indian Polity & Governance
- PYQs8
- Articles1
Background
It's a critical issue balancing fundamental rights with public order, often debated in the context of social media, political discourse, and communal harmony. UPSC examines its legal definitions, constitutional implications, and societal impact.
Hate speech refers to any communication, spoken or written, or any display of signs or visible representations that advocates hatred, contempt, or ridicule against a group or individual on the basis of their religion, race, place of birth, residence, language, caste, sexual orientation, or any other ground. It is often seen as a violation of the right to dignity and equality, and a threat to public order.
Facts & tables
- Legal Basis in India
- Primarily addressed through sections of the Indian Penal Code (IPC) like 153A, 295A, 505.
- Constitutional Context
- Falls under reasonable restrictions on freedom of speech and expression (Article 19(2)).
- Judicial Interpretation
- Courts often balance freedom of speech with public order, morality, and the need to prevent incitement to violence or discrimination.
- Impact
- Can lead to social disharmony, discrimination, and violence against targeted groups.
| Type | Reference |
|---|---|
| Conceptual area | Indian Polity & Governance |
| Body | Role |
|---|---|
| Supreme Court of India | Interprets laws and constitutional provisions related to hate speech |
| Law Commission of India | Recommends legislative changes to address hate speech |
Prelims angle
Prelims angle: Factual recall
Prelims angle: Conceptual understanding
- Defined by intent to incite hatred/discrimination.
- Restricted under Article 19(2) (public order, morality).
- IPC sections 153A, 295A, 505 are key.
- Challenges: balancing free speech vs. social harmony.
- Judicial interpretation is crucial.
| Year | Framing tags |
|---|---|
| 2025 | Statement-based questions, Factual recall |
| 2024 | Factual recall, Conceptual understanding |
| 2024 | Definition-based questions, Institutional roles and functions |
| 2023 | Statement-based questions, Conceptual understanding |
| 2021 | Conceptual understanding, Factual recall |
| 2021 | Conceptual understanding, Factual recall |
| 2020 | Factual recall, Conceptual understanding |
| 2019 | Factual recall, Conceptual understanding |
Timeline
-
Indian Polity & Governance
Conceptual area
-
Prelims 2019
Factual recall, Conceptual understanding
-
Prelims 2020
Factual recall, Conceptual understanding
-
Prelims 2021
Conceptual understanding, Factual recall
-
Prelims 2021
Conceptual understanding, Factual recall
-
Prelims 2023
Statement-based questions, Conceptual understanding
-
Prelims 2024
Factual recall, Conceptual understanding
-
Prelims 2024
Definition-based questions, Institutional roles and functions
-
Prelims 2025
Statement-based questions, Factual recall
-
Fresh hearing ordered on plea seeking FIR against Rahul over remarks on Hindu god Ram
Hate speech is legally defined communication inciting hatred against groups, restricted under Article 19(2) to maintain public order and protect religious sentiments, primarily addressed by IPC sections.
See also
No related topics linked yet.
Past papers
2019–2025 · 8 questions
In the news
Fresh hearing ordered on plea seeking FIR against Rahul over remarks on Hindu god Ram
Hate speech is legally defined communication inciting hatred against groups, restricted under Article 19(2) to maintain public order and protect religious sentiments, primarily addressed by IPC sections.
Try these PYQs
Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy?
* The Supreme Court of India, in its landmark judgment in Justice K.S. Puttaswamy (Retd.) vs Union of India (2017), declared that the Right to Privacy is a fundamental right enshrined in the Constitution of India. * The court held that this right is protected under Article 21 of the Constitution, which guarantees the Right to Life and Personal Liberty. * Article 21: States that 'No person shall be deprived of his life or personal liberty except according to the procedure established by law.' The court interpreted 'personal liberty' broadly to include various aspects of privacy. _While the other options are fundamental rights, they are not directly where the Right to Privacy is placed:_ * Article 15: Prohibits discrimination on grounds of religion, race, caste, sex or place of birth. * Article 16: Guarantees equality of opportunity in matters of public employment. * Article 19: Guarantees certain freedoms like speech and expression, assembly, etc.
‘Right to privacy’ is protected under which Article of the Constitution of India?
The right to privacy in India is not explicitly mentioned in a single article of the Constitution. However, it is considered an intrinsic part of the fundamental right to life and liberty guaranteed under Article 21. This recognition came about through a landmark Supreme Court judgment in 2017, K.S. Puttaswamy (Retd) vs Union of India. The court ruled that the right to privacy is an inseparable part of the right to life and personal liberty, and is protected under Article 21.
Consider the following statements:
Statement-I: The Supreme Court of India has held in some judgements that the reservation policies made under Article 16(4) of the Constitution of India would be limited by Article 335 for maintenance of efficiency of the administration.
Statement-II: Article 335 of the Constitution of India defines the term 'efficiency of administration'.
Which one of the following is correct in respect of the above statements?
* Statement I is correct: It has frequently been argued that reservation is contrary to efficiency and merit. Even the Supreme Court of India appeared to have agreed with this argument in some of its judgments, holding that Article 335 mention of the term efficiency of administration will limit the scope of Article 16(4) provision for reservation in services. * Statement II is incorrect: Article 335 of the Constitution of India states that the claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State. * Article 335 of the Indian Constitution only mentions the efficiency of administration and does not define the same.
Consider the following pairs:
Provision in the Constitution of India – Stated under
I. Separation of Judiciary from the Executive in the public services of the State : The Directive Principles of the State Policy
II. Valuing and preserving of the rich heritage of our composite culture : The Fundamental Duties
III. Prohibition of employment of children below the age of 14 years in factories : The Fundamental Rights
How many of the above pairs are correctly matched?
Each of these constitutional provisions is accurately linked to its correct part within the Constitution of India. ✅ Pair I: Directive Principles of State Policy – Correct
* Article 50 mandates the separation of the judiciary from the executive in the public services of the State. ✅ Pair II: Fundamental Duties – Correct
* Article 51A(f) states that citizens must value and preserve the rich heritage of our composite culture. ✅ Pair III: Fundamental Rights – Correct
* Article 24 prohibits the employment of children below 14 years in hazardous work such as factories or mines.
Which one of the following categories of Fundamental Rights/incorporates protection against untouchability as a form of discrimination?
Untouchability is a form of discrimination that violates the principle of equality among citizens, regardless of caste. To uphold this principle, Article 17 of the Constitution explicitly abolishes untouchability, making it one of the five rights under the broader Right to Equality (Articles 14-18). Therefore, the correct answer is option D.
Show 3 more PYQs
A Writ of Prohibition is an order issued by the Supreme Court or High Courts to :
Writ of Prohibition: * It is a judicial order issued by a higher court (Supreme Court or High Court) to a lower court or tribunal. * It prevents the lower court from exceeding its jurisdiction or acting contrary to law. * Purpose: To stop ongoing proceedings in a case where the lower court lacks jurisdiction or violates legal procedures. * Nature: It is preventive, ensuring the lower court does not act unlawfully rather than correcting a wrong decision after it has occurred. * Example: If a tribunal starts hearing a case that legally falls under the jurisdiction of a civil court, the Writ of Prohibition can halt such proceedings. * Comparison with Certiorari: Prohibition is issued before judgment to stop proceedings, whereas Certiorari is issued after judgment to quash orders passed unlawfully.
Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice?
Article 21: This article states that "No person shall be deprived of his life or personal liberty except according to procedure established by law." Over the years, the Supreme Court of India has expanded the scope of personal liberty to include various fundamental rights, including the right to marry a person of one's choice. Shamima Begum vs. State of Assam (2018): The court ruled that a woman has the right to marry a person of her choice, reinforcing that personal decisions related to marriage fall under individual autonomy and personal liberty as guaranteed by Article 21. Hadiya's case (Shafin Jahan vs. Asokan K.M): The Supreme Court upheld the right to marry as a fundamental right under Article 21. It ruled that an adult woman is free to make decisions regarding her marriage, rejecting attempts to interfere in personal choices. The court emphasized that state or societal disapproval cannot restrict an individual’s right to marry.
A legislation which confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the matter of application of law violates which one of the following Articles of the Constitution of India?
* The legislation described would violate Article 14 of the Indian Constitution. * Article 14 guarantees Equality Before Law and Equal Protection of Laws. This means that laws must be applied fairly and consistently, and everyone should be treated equally under the law. * Legislation that gives unchecked power to the executive or administration to apply the law violates this principle. Option B is incorrect. Article 28 is related to the right to freedom of religion. Option C is incorrect. Article 32 confers the right to remedies for the enforcement of the fundamental rights of an aggrieved citizen. Article 32 affirms the right to move the Supreme Court if a fundamental right is violated. Under this article, the Supreme Court can issue writs for the enforcement of any of the fundamental rights of the citizens. Option D is incorrect. Article 44 provides for one of the Directive Principles of State Policy. Article 44 says that the State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.