The Court’s recent decision to frame guidelines to regulate reporting of its proceedings raises many important issues. As Siddharth Varadarajan argues, it is both unnecessary and inconsistent with the Constitution’s protection of freedom of speech and expression.
i agree with Siddharth Varadarajan. article 19(6) demands a legislative mandate to restrict the freedom of speech and expression. the court can frame rules in the exercise of its legislative power but a judicial guidelines cannot fall within the scope of article 19 (6). i would say a judgement so passed would be unconstitutional as there is no LIS before the court requiring its decision.
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Blurb: This blog discusses the inadequacy of the current refugee law framework in addressing the pressing issue of climate refugees. It subsequently discusses the imminent need to develop regional...
Blurb: This blog discusses the inadequacy of the current refugee law framework in addressing the pressing issue of climate refugees. It subsequently discusses the imminent need to develop regional...
Blurb: The Essential Religious Practices (ERP) Test is scheduled to be reviewed by the Supreme Court of India. This piece highlights the inadequacies of the ERP Doctrine, and argues for a change...
Blurb: The article advocates extending euthanasia to non-terminally ill patients, emphasizing autonomy and dignity under Article 21. Critiquing current laws, it highlights ethical dilemmas and...
In this piece, the author revisits the legacy of Bhulabhai Desai and his masterful defense at the Indian National Army Trials of 1945, exploring how Bhulabhai’s arguments not only reframed the INA’s...
i agree with Siddharth Varadarajan. article 19(6) demands a legislative mandate to restrict the freedom of speech and expression. the court can frame rules in the exercise of its legislative power but a judicial guidelines cannot fall within the scope of article 19 (6). i would say a judgement so passed would be unconstitutional as there is no LIS before the court requiring its decision.