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.
Summary: In this piece, we continue the discussion on Prof. Nivedita Menon’s latest book, Secularism as Misdirection: Critical Thought from the Global South. The summary of the book by Prof...
Blurb: The Bharatiya Nyaya Sanhita’s Section 104 revives the constitutional infirmities of the repealed Section 303 IPC, despite its ostensible reformist intent. By maintaining mandatory sentencing...
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...
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.