17-12-2012, 12:58 PM
Freedom of speech and expression
Freedom of speech.pptx (Size: 106.6 KB / Downloads: 55)
Right to receive information
Association for democratic reforms vs. UOI
Criminalization of politics
Whether the candidate is accused of any offence punishable with imprisonment
Assets possed by the candidate, his or her spouse and children
Candidate’s competency and sustainability
Any other relevant information
Sakal papers
Regulation of number of pages according to the price charged
Prescribed number of supplements
Bennet coleman
Indigenous news print
Restrictions were imposed on the number of pages due to dearth of newsprint material
advertisements
Hamdard dawakhana vs. UOI
Two facets of commercial advertisement
Advertisement is a commercial transaction
Public – right to receive information
restrictions
19(2)
The state may make a law imposing ‘reasonable restrictions’ on the exercise of the right to freedom of speech and expression ‘in the interest of’ security of the state, friendly relations with foreign states, public order, decency, morality, sovereignty and integrity of India, or ‘in relation to contempt of court, defamation or incitement to an offence’
procedure
Reasonable, fair and just
In re The Special Courts Bill, 1978
Special Courts Bill, 1978 – to try certain persons holding high political offices during the emergency
Sitting or retired judge of a HC to be appointed by the CG in consultation with CJI
Appeal lies to SC on the verdict of Special Court
Issue : whether the procedure envisaged in the Bill was fair and reasonable
Transfer of case from one special court to another special court – to avoid bias or conflict with the judge
Only a sitting HCJ should be appointed
CJI should not only be consulted but his concurrence is required