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.
The first part of this analysis delved into the Supreme Court’s judgment in Ashok Kumar Sharma & Ors v. Union of India, where it misread the International Rule of Law (IRoL) by focusing on...
Blurb: A petition was filed in the Supreme Court, seeking the suspension of military exports from India to Israel in light of the unfolding armed conflict in the Occupied Palestinian Territory. The...
Blurb: In his recent rejoinder, Dalmia clarifies the “expressed an opinion” standard to better define when recusal may be appropriate. He addresses the four rebuttals that the author raised and...
Blurb: In his recent rejoinder, Dalmia clarifies the “expressed an opinion” standard to better define when recusal may be appropriate. He addresses the four rebuttals that the author...
A fortnightly feature inspired by I-CONnect’s weekly “What’s New in Public Law” feature that addresses the lacuna of a one-stop-shop public law newsletter in the Indian legal...
A mass movement led by students has ushered in a new dawn in Bangladesh. What began as a claim for reform of the quota system transformed into a national movement to oust Bangladesh’s long-standing...
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.