Criminalising criticism corrodes constitutional democracy. Comment. How can Indian laws strike a balance between state interest and civil liberties?
Kartavya Desk Staff
Topic: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
Topic: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
Q3. Criminalising criticism corrodes constitutional democracy. Comment. How can Indian laws strike a balance between state interest and civil liberties? (10 M)
Difficulty Level: Medium
Reference: IE
Why the question: Pune student arrest case and debates around Section 152 of BNS, this issue revives concerns over misuse of state power to suppress free speech, especially criticism of the government. Key Demand of the question: The answer must comment on how criminalising criticism undermines constitutional democracy and suggest how Indian laws can balance legitimate state concerns with the right to dissent. Structure of the Answer: Introduction Start by highlighting the role of dissent as a democratic necessity and reference recent events showing misuse of sedition-like laws. Body Criticising the government vs criminal conduct: Explain how current laws are being used to blur this line and the impact on civil liberties. Balancing mechanism in Indian law: Suggest reforms including legal safeguards, judicial standards, drafting clarity, and institutional oversight. Conclusion Call for a rights-based, constitutional approach that ensures dissent is protected while national security is genuinely upheld.
Why the question: Pune student arrest case and debates around Section 152 of BNS, this issue revives concerns over misuse of state power to suppress free speech, especially criticism of the government.
Key Demand of the question: The answer must comment on how criminalising criticism undermines constitutional democracy and suggest how Indian laws can balance legitimate state concerns with the right to dissent.
Structure of the Answer:
Introduction Start by highlighting the role of dissent as a democratic necessity and reference recent events showing misuse of sedition-like laws.
• Criticising the government vs criminal conduct: Explain how current laws are being used to blur this line and the impact on civil liberties.
• Balancing mechanism in Indian law: Suggest reforms including legal safeguards, judicial standards, drafting clarity, and institutional oversight.
Conclusion Call for a rights-based, constitutional approach that ensures dissent is protected while national security is genuinely upheld.