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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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.