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Gautam BhatiaScroll.in |
Listen to this article: The Indian freedom struggle is an event that is both over-determined and under-determined. Books – both laudatory and...
The separation of powers envisaged in the Constitution asks for the three organs of State to check and regulate each other
It is not the task of the State or the courts to force individuals to say or think the “right” or desirable things
The Delhi High Court denied bail to nine activists linked to the 2020 riots, raising concerns over justice and the right to protest peacefully.
One of the cardinal rules of free speech philosophy is that the law should be precisely worded, leaving little discretionary power with the executive.
The Constitution does not criminalise thoughts, emotions, feelings, and speech, patriotic or otherwise, unless they amount to incitement to violence...
The Supreme Court’s remark in Wikipedia case offers a moment of clarity in the relations between two important institutions
The substantive and procedural aspects of the Imran Pratapgarhi judgment should reduce the ease with which speech can be criminalised in India
The judiciary’s role is to test speech-restricting laws on the anvil of the Constitution’s fundamental rights — not to egg on the State to bring...
Issues around over-breadth, clarity, and discretionary power being placed in the hands of State agencies call for wider discussion
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