{"id":172895,"date":"2022-03-08T20:46:03","date_gmt":"2022-03-08T15:16:03","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=172895"},"modified":"2022-03-08T20:46:03","modified_gmt":"2022-03-08T15:16:03","slug":"sealed-cover-jurisprudence-is-appalling","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/sealed-cover-jurisprudence-is-appalling\/","title":{"rendered":"Sealed Cover Jurisprudence is appalling\u00a0"},"content":{"rendered":"\n

News: <\/span><\/b>License of MediaOne a television channel in Kerala was cancelled by the Ministry of Information and Broadcasting on the grounds of national security.<\/span> \u00a0<\/span><\/p>\n

Subsequently, the State High court also dismissed its appeal plea. However,\u00a0the reasons for invoking national security were not disclosed.<\/span>\u00a0<\/span><\/p>\n

How this particular incident infringes upon several Fundamental Rights?<\/span><\/b>\u00a0<\/span><\/h5>\n

It compromises right to <\/span>freedom of speech and expression<\/span><\/b> of the television channel. <\/span>\u00a0<\/span><\/p>\n

The <\/span>rights to association, occupation and busines<\/span><\/b>s are also impacted. <\/span>\u00a0<\/span><\/p>\n

Moreover, the viewers also have a right to receive ideas and information that gets compromised.<\/span>\u00a0<\/span><\/p>\n

The most<\/span> disturbing part of the incident is that state need not even show that its security is threatened.<\/span>\u00a0<\/span><\/p>\n

What earlier supreme court judgements have said on the issue?<\/span><\/b>\u00a0<\/span><\/h5>\n

It is paramount to ensure that the test of <\/span>reasonable restrictions<\/span><\/b> is satisfied as it is the bedrock of judicial review.<\/span>\u00a0<\/span><\/p>\n

The Supreme court adopted the<\/span> proportionality test<\/span><\/b> in the Modern Dental College vs State of Madhya Pradesh (2016)<\/span> case and reiterated it in the <\/span>K.S. Puttaswamy vs Union of India<\/span><\/b> (2017) case.<\/span>\u00a0<\/span><\/p>\n

When an action is alleged to have curtailed fundamental rights, the court is bound to examine the legality of the action through the <\/span>lens of proportionality<\/span><\/b>.<\/span>\u00a0<\/span><\/p>\n

This act of executive to not disclose the reasons of using the national security clause even to the other party concerned(here the broadcaster) is opposed to the <\/span>principles of natural justice<\/span><\/b>.<\/span><\/b>\u00a0<\/span><\/p>\n

How the current High court judgement stands in contradiction to prev SC judgements?<\/span><\/b>\u00a0<\/span><\/h5>\n

First,<\/strong><\/em> there <\/span>was no examination of the national security plea <\/span><\/b>based on the well established proportionality analysis.<\/p>\n

Second,<\/strong> <\/em>as per a three-judge Bench in the <\/span>Pegasus case (Manohar Lal Sharma vs Union of India, 2021)<\/span><\/b> the state does not get a \u201cfree pass every time the spectre of \u2018national security\u2019 is raised\u201d<\/span>.<\/span>\u00a0<\/span><\/p>\n

Source:<\/span><\/b> This post is based on the article \u201c<\/span>Sealed Cover Jurisprudence is appalling<\/span><\/b>\u201d published in <\/span>The Hindu<\/span><\/b> on 8<\/strong><\/span>th<\/strong> Mar 2022<\/strong>. <\/span>\u00a0<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

News: License of MediaOne a television channel in Kerala was cancelled by the Ministry of Information and Broadcasting on the grounds of national security. \u00a0 Subsequently, the State High court also dismissed its appeal plea. However,\u00a0the reasons for invoking national security were not disclosed.\u00a0 How this particular incident infringes upon several Fundamental Rights?\u00a0 It compromises… Continue reading Sealed Cover Jurisprudence is appalling\u00a0<\/span><\/a><\/p>\n","protected":false},"author":10328,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230,9],"tags":[212,10498],"class_list":["post-172895","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-public","tag-gs-paper-2","tag-the-hindu","entry"],"jetpack_featured_media_url":"","views":{"total":0,"cached_at":"","cached_date":1704750524},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/172895","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10328"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=172895"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/172895\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=172895"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=172895"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=172895"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}