RESEARCH JOURNAL Department of Political Science, The Assam Valley School Winter Semester, 2020-21, Volume 2 Volume 2 THIINK TANK THINK TANK Department of Political Science Winter Semester, 2020-21, Volume 2 Chief Patron: The Headmaster, The Assam Valley This issue is dedicated to School Dr. B. R. Ambedkar Teacher Editor: Mr. Thajeb Ali Hazarika Advisor: Mr. V.P. Rao, Ms. Ishita Malhotra Mr. V. P. Rao Ms. Ishita Malhotra Contributors: Aryan Buragohain, Anam Aviva Ahmed, Raseen Mohsina Shah, Tanisha Bhadra, Anushcka This edition of the Think Tank recalls Joshi, Ojas Krish Venkatesh Ayapilla, Anoushka S. with humility and immense gratitude the Rabha, Naviya Chamariya, Anuja Barooah, Asmita political sagacity, foresight and wisdom of Kakati, Neha Swabnam, Shrabona Borthakur, Parthiv the framers of our Constitution, indeed Gargo the Cornerstone of a Nation. Their vision of a free, democratic, secular and equal Concept, Design and Layout: Anushcka Joshi India accommodating the spirit of cultural syncretism, respect and dignity should Publisher: The Assam Valley School, P. O. Balipara, be a source of inspiration for every right Assam-784101. thinking Indian to work selflessly and with ignited zeal to build an all-inclusive The views expressed in the articles are the authors’ own India where the spirit of empathy, and do not necessarily reflect those of The Assam Valley cooperation, compassion, rational and School. scientific thinking triumphs over narrow and myopic parochial construct. 2 QUILL STROKES “Let the truth be told.” he interplay and dynamics can hold no meaning.The agitation is not of interest articulation and by a lumpen section of the peasants versus aggregation provide a fascinating the government of the day which wants to analysis of how a democracy usher in a progressive measure to unshackle Tworks. It is inevitable that in the process the agricultural economy . It is bound to of legislation, there are bound to be confuse the layman caught in the crossfire contradictory pressures. The impact of with the hope for food on his plate every growing economic forces since the 1990s indicated the day. Conviction is at the core of one’s own existence. retreat of the State from key domains. Deregulation After ten rounds of parleys, the issue is yet to be versus Protectionism discourse held sway during the resolved. The farmers are stuck with their one point period when the global economy itself was undergoing agenda of total repeal and the government offering a sweeping transformation. The impact of demand and leeway by putting the laws on hold for 18 months supply basic to economics still remains an elemental failed to convince the agitators. Tractors are to be on driving force. The trinity of Globalization, Liberalization display at the Outer Ring Road at Delhi even as the and Privatization came to be firmly entrenched even martial might and cultural splendor of India will be on as giant State backed entities collapsed under the sheer display today. Laws need prior consultation, a sense of weight of inefficiency, red-tapism and corruption reassurance. The narrative of these laws as an unwanted and the mighty erstwhile USSR had to resort to the gift for the farmers versus it is either my way or the biggest ever garage sale in history of its State sponsored highway has not helped ease the situation. units to feed the hungry population. Deregulation of the agricultural sector is often diced with a fair slice With better sense yet to prevail and the dawn of reason of dissent as protectionism is withdrawn. After the nowhere in sight, the one fundamental question left first flush of success with the Green Revolution, this unanswered is if both sides are equally right as they sector should have moved ahead. As things stand now, claim to be, who will have the moral courage to accept the three farm laws versus the agitating farmers, the what is wrong? A seven decade old republic will surely standoff does not augur well for both sides. Jai Jawan, provide the answer in the future where the truth shall Jai Kisan was the clarion call of the 70s to change the be told without any frills in black face of the Indian economy, but right now and white. Till such things have come down to a situation where time, the dynamics will the apex court had to step in to put the laws play on. on hold. The obdurate stand with solidarity being displayed by a number of affiliated groups for both sides has one message going Thajeb Ali Hazarika out that each side is right. This is how a manufactured right dominates leading to a situation where the course of negotiations 3 ARYAN BURAGOHAIN CLASS 11 HUMANITIES 3 CASES AND 3 JUDGEMENTS [Freedom of speech guaranteed under PartIII of the Constitution is critically evaluated by Aryan in the light of three recent cases involving three journalists of the electronic media and the judgment by the apex court] CONTENTS- 1.Fundamental Rights provision under Freedom of The freedom of speech is regarded as the first condition Speech and Expression of liberty. Freedom of Speech and expression means the 2.Restrictions right to express one’s own convictions and opinions 3.Incident freely by words of mouth, writing, printing, pictures or 4.Cases Filed any other mode. In modern time it is widely accepted 5.Judgement by the Supreme Court that the right to freedom of speech is the essence of free 6.Implications for the future society and it must be safeguarded at all time. The first principle of a free society is an untrammeled flow of Article 19: The freedom of Speech and words in an open forum. Liberty to express opinions and expression ideas without hindrance, and especially without fear of punishment plays significant role in the development of that particular society and ultimately for that state. reedom of speech, considered the basic It is one of the most important fundamental liberties freedom by most philosophical thinkers, guaranteed against state suppression or regulation. consists of several facets, including the right to express one’s opinion unhindered, unfettered In India, this right is granted by Article 19(1)(a).of the by the fear of retribution. It is one of the most basic F Constitution. It guarantees to all its citizens the right to elements for a healthy, open-minded democracy. It freedom of speech and expression. The law states that, allows people to freely participate in the social and “all citizens shall have the right to freedom of speech political happenings of their country. The essence of and expression”. free speech is the ability to think and speak freely and to obtain information from others through publications and public discourse RESTRICTIONS AGAINTS without fear of retribution, restriction, or FREEDOM OF SPEECH AND repression by the government. It is through EXPRESSION free speech, people could come together to achieve political influence, to strengthen their The right to freedom of speech and expression morality, and to help others to become moral is not completely unchecked. Article 19 (2) and enlightened citizens. allows for reasonable restrictions to be imposed on against public order. Public order thus implies absence all fundamental rights, including that of freedom of of violence and an orderly state of affairs in which speech and expression. citizens can peacefully pursue their normal avocation It is necessary to place some restrictions on freedom of of life. Public order also includes public safety. Thus speech and expressions for the maintenance of social creating internal disorder or rebellion would affect order because no freedom can be absolute or completely public order and public safety. But mere criticism of unrestricted. government does not necessarily disturb public order. Accordingly, under Article 19(2) of the Constitution of 4) Decency or morality: The way to express something India, the State may make a law imposing “reasonable or to say something should be a decent one. It should restrictions” on the exercise of the right to freedom of not affect the morality of society adversely. Our speech and expression “in the interest of” the public constitution has taken care of this view and inserted on the following grounds:Clause (2) of Article 19 of decency and morality as a ground. The words ‘morality the Indian constitution contains the grounds on which or decency’ are words of wide meaning. Sections 292 restrictions on the freedom of speech and expression to 294 of the Indian Penal Code provide instances of can be imposed:- restrictions on the freedom of speech and expression in the interest of decency or morality. These sections 1) Security of State: Security of state is of vital prohibit the sale or distribution or exhibition of importance and a government must have the power to obscene words, etc. in public places. No fix standard impose a restriction on the activity affecting it. Under is laid down till now as to what is moral and indecent. Article 19(2) reasonable restrictions can be imposed on The standard of morality varies from time to time and freedom of speech and expression in the interest of the from place to place. security of State. 5) Contempt of Court: In a democratic country 2) Friendly relations with foreign states: In the Judiciary plays a very important role. In such situation, present global world, a country has to maintain a it becomes essential to respect such an institution and good and friendly relationship with other countries. its order. Thus, restriction on the freedom of speech and Something which has the potential to affect such expression can be imposed if it exceeds the reasonable relationship should be checked by the government. and fair limit and amounts to contempt of court.