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Directions: Read the following passage and answer the question.
The Supreme Court said that access to the internet is a fundamental right under Article 19 of the Constitution and asked the Jammu and Kashmir administration to review within a week all orders imposing curbs in the Union Territory. Here is a look at what does Article 19 inscribed in the Constitution of India say:
(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; (g) to practise any profession, or to carry on any occupation, trade or business.
The clause (2) states that "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."
Ever since the abrogation of Article 370 in J&K on August 5, 2019, internet services have been suspended in the state leading to severe disruption of day-to-day activities. The Supreme Court in its verdict observed that freedom of expression and carrying on trade through the internet is protected under Article 19(1) of the Constitution of India. The Court added that it can only be restricted under the reasons given in the sub-clause (2) of Article 19. "Freedom of expression and carrying on trade through the internet is protected under Article 19(1) of the constitution and can be restricted only under the reasons given in Article 19(2) of the Constitution," the SC said in its judgement while reviewing petitions challenging restrictions in J&K.
"Mere apprehension (of the government) that something might happen cannot be a justification for throttling speech and communication links. There has to be cogent evidence to back such exercise of power," senior advocate Kapil Sibal told SC.
[Extracted, with edits and revisions, from Access to Internet is a fundamental right, rules Supreme Court, news by The Hindu, January 10, 2020]
Q. What does Article 19(2) of the Indian Constitution allow regarding the restrictions on the exercise of certain rights?
Detailed Solution: Question 1
Directions: Read the following passage and answer the question.
The Supreme Court said that access to the internet is a fundamental right under Article 19 of the Constitution and asked the Jammu and Kashmir administration to review within a week all orders imposing curbs in the Union Territory. Here is a look at what does Article 19 inscribed in the Constitution of India say:
(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; (g) to practise any profession, or to carry on any occupation, trade or business.
The clause (2) states that "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."
Ever since the abrogation of Article 370 in J&K on August 5, 2019, internet services have been suspended in the state leading to severe disruption of day-to-day activities. The Supreme Court in its verdict observed that freedom of expression and carrying on trade through the internet is protected under Article 19(1) of the Constitution of India. The Court added that it can only be restricted under the reasons given in the sub-clause (2) of Article 19. "Freedom of expression and carrying on trade through the internet is protected under Article 19(1) of the constitution and can be restricted only under the reasons given in Article 19(2) of the Constitution," the SC said in its judgement while reviewing petitions challenging restrictions in J&K.
"Mere apprehension (of the government) that something might happen cannot be a justification for throttling speech and communication links. There has to be cogent evidence to back such exercise of power," senior advocate Kapil Sibal told SC.
[Extracted, with edits and revisions, from Access to Internet is a fundamental right, rules Supreme Court, news by The Hindu, January 10, 2020]
Q. Despite standing in a courteous manner while the national anthem was being performed, two Muslim students were expelled from the school for refusing to sing it. Does the child's expulsion violate their basic rights? Decide.
Detailed Solution: Question 2
Directions: Read the following passage and answer the question.
The Supreme Court said that access to the internet is a fundamental right under Article 19 of the Constitution and asked the Jammu and Kashmir administration to review within a week all orders imposing curbs in the Union Territory. Here is a look at what does Article 19 inscribed in the Constitution of India say:
(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; (g) to practise any profession, or to carry on any occupation, trade or business.
The clause (2) states that "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."
Ever since the abrogation of Article 370 in J&K on August 5, 2019, internet services have been suspended in the state leading to severe disruption of day-to-day activities. The Supreme Court in its verdict observed that freedom of expression and carrying on trade through the internet is protected under Article 19(1) of the Constitution of India. The Court added that it can only be restricted under the reasons given in the sub-clause (2) of Article 19. "Freedom of expression and carrying on trade through the internet is protected under Article 19(1) of the constitution and can be restricted only under the reasons given in Article 19(2) of the Constitution," the SC said in its judgement while reviewing petitions challenging restrictions in J&K.
"Mere apprehension (of the government) that something might happen cannot be a justification for throttling speech and communication links. There has to be cogent evidence to back such exercise of power," senior advocate Kapil Sibal told SC.
[Extracted, with edits and revisions, from Access to Internet is a fundamental right, rules Supreme Court, news by The Hindu, January 10, 2020]
Q. A 30-page newspaper has been published daily by Newspaper Daily. The other rival newspapers each had a 7-page edition. They collectively made the decision to bring legal action against the newspaper Daily for publishing a 30-page edition instead of the usual 7-8 page edition. Decide.
Detailed Solution: Question 3
Directions: Read the following passage and answer the question.
The Supreme Court said that access to the internet is a fundamental right under Article 19 of the Constitution and asked the Jammu and Kashmir administration to review within a week all orders imposing curbs in the Union Territory. Here is a look at what does Article 19 inscribed in the Constitution of India say:
(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; (g) to practise any profession, or to carry on any occupation, trade or business.
The clause (2) states that "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."
Ever since the abrogation of Article 370 in J&K on August 5, 2019, internet services have been suspended in the state leading to severe disruption of day-to-day activities. The Supreme Court in its verdict observed that freedom of expression and carrying on trade through the internet is protected under Article 19(1) of the Constitution of India. The Court added that it can only be restricted under the reasons given in the sub-clause (2) of Article 19. "Freedom of expression and carrying on trade through the internet is protected under Article 19(1) of the constitution and can be restricted only under the reasons given in Article 19(2) of the Constitution," the SC said in its judgement while reviewing petitions challenging restrictions in J&K.
"Mere apprehension (of the government) that something might happen cannot be a justification for throttling speech and communication links. There has to be cogent evidence to back such exercise of power," senior advocate Kapil Sibal told SC.
[Extracted, with edits and revisions, from Access to Internet is a fundamental right, rules Supreme Court, news by The Hindu, January 10, 2020]
Q. A member of the Christian community who objected to singing the national anthem was expelled from the theater. He was outrageously nasty to those in the hall during the anthem performance and then to the theater staff afterward. Does the man's fundamental right to be in the hall have been violated by his expulsion? Decide.
Detailed Solution: Question 4
Directions: Read the following passage and answer the question.
The Supreme Court said that access to the internet is a fundamental right under Article 19 of the Constitution and asked the Jammu and Kashmir administration to review within a week all orders imposing curbs in the Union Territory. Here is a look at what does Article 19 inscribed in the Constitution of India say:
(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; (g) to practise any profession, or to carry on any occupation, trade or business.
The clause (2) states that "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."
Ever since the abrogation of Article 370 in J&K on August 5, 2019, internet services have been suspended in the state leading to severe disruption of day-to-day activities. The Supreme Court in its verdict observed that freedom of expression and carrying on trade through the internet is protected under Article 19(1) of the Constitution of India. The Court added that it can only be restricted under the reasons given in the sub-clause (2) of Article 19. "Freedom of expression and carrying on trade through the internet is protected under Article 19(1) of the constitution and can be restricted only under the reasons given in Article 19(2) of the Constitution," the SC said in its judgement while reviewing petitions challenging restrictions in J&K.
"Mere apprehension (of the government) that something might happen cannot be a justification for throttling speech and communication links. There has to be cogent evidence to back such exercise of power," senior advocate Kapil Sibal told SC.
[Extracted, with edits and revisions, from Access to Internet is a fundamental right, rules Supreme Court, news by The Hindu, January 10, 2020]
Q. A group of students was peacefully protesting the college administration for the unsanitary and filthy conditions on campus. The student leader began spewing hate rhetoric against the government during the demonstration. The college administration filed a lawsuit against the student leader for making the hate remarks. In defense, the student leader argued that he was exercising his right to free speech and expression. Decide.
Detailed Solution: Question 5