The Constitution of India guarantees freedom of speech and expression to every citizen as a fundamental right. While guaranteeing such freedom, it also provides under Article 129 that the Supreme Court shall be a court of record and shall have all the powers of such a court, including the power to punish for contempt of itself.

A similar power has been conferred on the High Courts of the states under Article 215. Under the Constitution, there is no separate guarantee of the freedom of the press; it is the same freedom of expression that is conferred on all citizens under Article 19(1).

Therefore, any expression of opinion would not be immune from liability for exceeding the limits, either under the Law of Defamation, contempt of court, or other constitutional limits under Article 19(2). If a citizen, therefore, under the guise of exercising the right of free expression under Article 19(1), tries to scandalize the court or undermine the dignity of the court, then the court would be entitled to exercise power under Article 129 or Article 215, as the case may be.