- People closely following the fortunes of what’s happening around the world would have noticed an alarming increase in the executive overreach on people’s freedom of expression, completely overriding the constitutional provisions guaranteeing the same. One of the fortunate happenstances in a democratic form of government is the opportunity available to the people to not only express/voice opinions with freedom, but also ensure the guardian of the Constitution, read as the Supreme Court, is always on the lookout to discharge entrusted responsibilities with absolute diligence. However, it is noticed with increasing concern that the executive in several democratic countries is trampling on the voices by using state machinery.
PC: Bar and Bench
- The civic society members must be concerned with the turn of events occurring around the world, where saner voices are being suppressed with brute power. Thankfully, the higher judiciary has come to the rescue of the people whenever efforts have been made to curb the democratic processes. Not for nothing, people around the world have come to accept and appreciate the fact that the courts, especially the higher judiciary, are there to address whatever grievances arising out of the executive overreach. For the uninitiated, London, UK, used to be the world’s free speech capital. Speakers’ Corner in Hyde Park was open to all. Even Indian nationalists, communists, Trotskyists, in Orwell’s words. Not anymore, though.
PC: The Nightly
- Many prominent voices are facing arrest for speaking out and supporting activist groups like Palestine Action. On the political right, one of the Irish anti-transgender activists was arrested for three X posts as soon as he returned from the US early this month. It seems Britain is playing nanny to keep the peace. Free speech is in trouble in the US as well. TV host Jimmy Kimmel just had his show cancelled for riling MAGA loyalists. Let’s look at what’s happening in India. Three HCs recently greenlit the movie Jolly LLB 3, a courtroom drama deemed disparaging by some lawyers, over the past two weeks. It feels like a mini triumph in this atmosphere. In fact, the Bombay HC’s remark to the petitioners, don’t worry about us, should be a cue for the lower courts.
PC: law insider india
- All said, it’s a fundamental right of every Indian, even if tempered by reasonable restrictions. The US does not have such a caveat, yet executive overreach is showing the limits of its First Amendment. Trump has already sued the NYT, WSJ, and Penguin Random House on vague charges. He’s also weaponized the Federal Communications Commission to bear pressure on the media. In an increasingly polarized world, govts often throw their weight behind partisan voices and narratives while reacting sharply to the rest. It then falls to courts to restore balance by taking a stand for freedom of expression. Welcomingly, India’s Supreme Court has a good record in this respect. The Apex Court has been protecting free speech assiduously.
