Jurisprudence of convenience: On the Indian supreme court’s guidance-laden approach to answer hard questions of free speech law

Jain, Anmol (2024) Jurisprudence of convenience: On the Indian supreme court’s guidance-laden approach to answer hard questions of free speech law. Verfassungsblog.

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Abstract

Last month, in Nipun Malhotra v. Sony Pictures Film India Private Ltd, the Indian Supreme Court delivered an opinion on the limits of protected speech under Article 19(1) of the Indian Constitution. While the opinion touched upon several important aspects of the free speech right, such as the recognized underlying values, the grounds and standards for restricting speech acts, and how the harm-based approach helps the courts in devising such restrictions, it remains an unclear and uncertain exposition of the law due to the manner in which the Court approached the question and its writing style. The opinion is replete with behavioral guidance, and its language makes it hard to discern the binding legal principles. However, the Court’s engagement with the arguments advanced, existing jurisprudence, and philosophical works make it an important development to be discussed.

Item Type: Article in News Papers and Magazine
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Dharmveer Modi
Date Deposited: 08 Jan 2025 06:34
Last Modified: 08 Jan 2025 06:34
Official URL: https://doi.org/10.59704/f8cd45da0fd6523c
URI: https://pure.jgu.edu.in/id/eprint/8970

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