civil services chronicle

 civil services chronicle

civil services chronicle Published this article page no  22 However the petitioners have argued that such blanket restrictions violate the fundamental right and is unconstitutional.  Also restrictions of such a wide scale for a period spanning over three months can be invoked only by declaring an emergency under Article 352 of the Constitution. Such restrictions cannot be imposed through orders of District Magistrates under Section 144 of the Code of Criminal Procedure. o A declaration of emergency under Article 352 will be subjected to periodic review of the Parliament and that way possibilities of abuse could be checked. Supreme Courts observation On Internet shutdown  Freedom of speech and expression through the medium of internet is a fundamental right under Article 19(1)(a) of the Constitution.  The restrictions on internet have to follow the principles of proportionality under Article 19(2). o Doctrine of proportionality is a principle that is prominently used as a ground for judicial review in cases of administrative action. o The doctrine essentially signifies that the punishment should not be disproportionate to the offence committed or the nature and extent of the States interference with the exercise of a right must be proportionate to the goal it seeks to achieve.  Freedom of trade and commerce through internet is also a constitutionally protected right under Article 19(1)(g).  Suspension of internet for indefinite period not permissible. It can only be for a reasonable duration and periodic review should be done. Government should publish all orders of prohibition to enable affected persons to challenge the same. Section 144 CrPC  civil services chronicle buy.

civil services chronicle