The basics for free speech
Through a most pernicious act of judicial fiat, >in a judgment delivered on December 23, 2015, Justice A.B. In initiating contempt proceedings, Justice Chaudhari’s judgment has exemplified the state of the right to free speech in India — a liberty fractured by colonial vestiges such as the law on contempt, which we have embarrassingly embraced as a supposed necessity to uphold the majesty of our courts. But the ensuing clause, Article 19, limits this freedom, and accords the state the express authority to make laws that establish reasonable restrictions on speech, on various grounds, including contempt of court. Krishnamachari suggested the inclusion of contempt of court as one of the permissible limitations to free speech, he was met by members who were passionate in their opposition to the category’s inclusion. India’s courts have routinely invoked the long arm of its contempt powers to often punish expressions of dissent on purported grounds of such speech undermining or scandalising the judiciary’s authority.
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