FREEDOM OF SPEECH AND EXPRESSION VIS-À-VIS CONTEMPT OF COURT WITH SPECIAL REFERENCE TO PRASHANT BHUSHAN CASE
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Keywords:
Contempt of court, Freedom of speech, Fundamental rights, Constitutional Law, JudiciaryAbstract
The present research paper explores the intricate matters pertaining to freedom of expression and contempt of court in the Indian context. The article commences by emphasizing the significance of freedom of speech and expression as a fundamental human right that is ensured by the Universal Declaration of Human Rights (UDHR) and the Constitution of India.
It focuses on the examination of the right to freedom of speech and expression in India, and its safeguarding through the constitutional provision of Article 19(1)(a). Notwithstanding, the entitlement to this right is not without limitations, and certain constraints are necessary to forestall any act of defamation or contempt of court. According to the Constitution’s Article 19(2), invoking Article 19(1) necessitates additional deliberation.
This paper explores the notion of contempt of court in India and its classification as either a civil or criminal offense in accordance with the Contempt of Court Act of 1971. The primary objective of the law is to safeguard the judicial system from undue political interference and unjustifiable censure, and it employs legal measures to penalize individuals who seek to undermine its integrity. Despite their similarities, it is worth noting that the consequences for contempt of court are comparatively less severe than those for defamation.
This research offers a comprehensive examination of the Prashant Bhushan case, underscoring the intricate equilibrium between the fundamental right of freedom of speech and expression and the offense of contempt of court. Prashant Bhushan, a prominent legal practitioner, faced allegations of contempt of court due to a tweet that expressed criticism towards the judiciary. The aforementioned case ignited a nationwide discourse regarding the boundaries of unrestricted expression and the judiciary’s responsibility in safeguarding its standing.
The study concludes that the imperative of safeguarding the judiciary and averting contempt of court necessitates a harmonization with the entitlement to freedom of speech and expression. Although the Indian Constitution provides for the fundamental right to freedom of expression, it is constrained by specific restrictions. The Contempt of Court Act of 1971 offers a means of penalizing individuals who exhibit behaviour that is deemed contemptuous. However, it is imperative that this mechanism is employed with discretion to prevent the suppression of free expression. The case of Prashant Bhushan underscores the necessity of adopting a nuanced methodology in reconciling the divergent interests at play.
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