In a series of petitions known as the Kunal Kamra case, Justice Gautam Patel of the Bombay High Court rendered a decision on January 31 that is noteworthy for its powerful exposition of the fundamental principles of the constitution with regard to the freedom of speech on "social media."
The learned Judge, unaffected by the current political atmosphere, has reaffirmed the untouchability of the unalienable constitutional right to free speech, saying that it cannot be altered or subverted save for the proportionate limitations outlined in Article 19(2), (6) of the Constitution.
Notwithstanding the fact that the Division Bench's split judgment leaves his ruling on the matter unenforceable for the time being, the renowned Judge's confirmation of this constitutional freedom and its persuasive defense against State overreach are encouraging.
"A defining judicial decision, which represents a convergence of constitutional principles and the nation's felt sensitivities about the critical right of free speech as a necessary condition of freedom, has a unique quality due to its clarity of thought, the power of a clear statement, and its unexceptionable constitutional premise."
Maintaining Free expression: The ruling highlights how the fundamental right to free expression is inalienable and protects it from excessive state interference.
Judge Patel rejects arbitrary censorship, stating that the modified Rule 3(1)(b)(v) of the IT Rules 2021 is too ambiguous and expansive, endangering free speech and debate.
Constitutional Principles: The ruling argues that the new rule violates fundamental rights and lacks reasonable criteria by using Articles 19 and 14 of the Constitution.
Judicial Review's Significance: The ruling highlights the court's ability to prevent possible abuses of power by the government, especially when it comes to defending democratic values.
Acknowledgment of Digital legislation: The ruling stresses the significance of well-balanced legislation that upholds the rights to free speech, even as it acknowledges the necessity of battling false information.
You must be logged in to post a comment.