Comprehensive News Analysis - 20 March 2017

What is heckler’s veto?

• The heckler’s veto, according to legal scholars, is a process by which socially powerful groups can shut down critical or inconvenient speech by threatening public disorder or disturbance.
• One of the ways in which the lower courts encourage the heckler’s veto is by granting an ex parte injunction against publication or broadcast of news.
• For instance, there are about 45 cases of ex parte injunctions against news media organisations in Karnataka alone.

Examples:

• The plight of artist M.F. Husain and of Salman Rushdie’s The Satanic Verses, the forced exile from writing for Perumal Murugan, and the pulping of the earlier biography of the former Tamil Nadu Chief Minister, J. Jayalalithaa, written by Vaasanthi are some of the cases where the threat to freedom of expression came from powerful sections who could use their proximity to administrative power and the lacunae in our judicial systems with a sense of entitlement and impunity.

Upholding freedom of expression

• There are a number of Supreme Court judgments that have interpreted Article 19 of our Constitution, including the section dealing with ‘reasonable restrictions’, in a manner that upholds the principles of freedom of expression.
• Basic unity amidst diversity notwithstanding, India is a land of cultural contrarieties, coexistence of many religions and anti-religions, rationalism and bigotry, primitive cults and materialist doctrines.
• The compulsions of history and geography and the assault of modern science on retreating forces of medieval ways — a mosaic like tapestry of lovely and un-lovely strands — have made large and liberal tolerance of mutual criticism
• Justice Sanjay Kishan Kaul, delivered in the F. Husain case a very sobering judgment: “A liberal tolerance of a different point of view causes no damage. It means only a greater self-restraint. Diversity in expression of views whether in writings, paintings or visual media encourages debate. A debate should never be shut out. ‘I am right’ does not necessarily imply ‘You are wrong’. Our culture breeds tolerance — both in thought and in actions.”

Article 19 of Constitution:
19. Protection of certain rights regarding freedom of speech etc

(1) All citizens shall have the right

(a) to freedom of speech and expression;

(b) to assemble peaceably and without arms;

(c) to form associations or unions;

(d) to move freely throughout the territory of India;

(e) to reside and settle in any part of the territory of India; and

(f) omitted

(g) to practise any profession, or to carry on any occupation, trade or business

(2) Nothing in sub clause (a) of clause ( 1 ) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence

(3) Nothing in sub clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order, reasonable restrictions on the exercise of the right conferred by the said sub clause

(4) Nothing in sub clause (c) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub clause

(5) Nothing in sub clauses (d) and (e) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub clauses either in the interests of the general public or for the protection of the interests of any Scheduled Tribe

(6) Nothing in sub clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub clause, and, in particular, nothing in the said sub clause shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to,

(i) the professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business, or

(ii) the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise.

2. Cabinet approves four GST Bills

Category: INTERNATIONAL RELATIONS
1. N. Korea tests powerful rocket engine

Question 1: Which of the following are restrictions on the freedom of speech 
and expression as specified in the Indian constitution?

Question 2: ‘Consider the following statements

Question 3: Which of the below statements about GST is/are incorrect?