08 Mar The Wallop over Fundamental Rights of the Speech and Expression by Executive : A symbol of democratic Decay : An analysis
The Wallop over Fundamental Rights of the Speech and Expression by Executive – Today Current Affairs
Context : As the MediaOne case shows, a judiciary that is a mute spectator to any executive action highlights democratic decay. A Division Bench of the Kerala High Court has dismissed the appeal filed by MediaOne, a television channel in Kerala, whose license the Ministry of Information and Broadcasting has refused to renew. The Ministry had said that the license could not be renewed for reasons related to national security.
Today Current Affairs
Introduction :
The executive and the government always tries to crush the rising voice against them but the constitution gives us the right to protect our voice from the hammer of the suppression of the government. But , Generally government uses the tool of national security and secrecy of the decision . Through these tools , the fundamental rights could be easily crushed but this is the duty of our Judiciary, which is the protector and conserver of the constitution to prevent the constitution and the democracy from any type of decay . But some time , at the High court level it is observed that on the issue of National security, High Courts have become silent. This silence of the Judiciary would be harmful for the democratic value system and gradually the democratic elements from the country will be decaying .
What is the recent Case : The Hindu Analysis
Media One news channel had requested for the renewal of its license but the central government refused to renew its License . MediaOne TV was an Indian Malayalam-language television channel operated by Madhyamam Broadcasting Limited under the Kerala chapter of Jamaat-e-Islami Hind. . This channel is owned by Islamic Organization
The issue is that the double bench of the high court of Kerala also dismissed the appeal by the Media one news channel regarding the renewal of its license on the name of national security . The stand of the Government was endorsed by both the Single and Division Benches of the High Court. In this context, the judgments set a dangerous precedent for free speech rights and procedural justice.
What is the provision of the Constitution regarding the Right to speech and expression : The Hindu Analysis
The article 19 (1 ) provides the right to freedom of speech and expression of the television channel. These rights may be restricted on the grounds of public order, and ‘security of the State’. But In the case of Media one, the state is not ready to disclose the nature of the security threat. The decision of the executive is sealed. The jurisprudence of ‘sealed cover’ is an appalling trend.
The Judiciary has rights to review whether the fundamental rights are being violated or not . On the ground of national security , the fundamental rights of the speech and expressions must not be violated
The high court of the Kerala , on the basis of the the decision of the Supreme court in the case of Digi Cable Network vs Union of India (2019) when supreme court stated that ““In a situation of national security, a party cannot insist for the strict observance of the principles of natural justice”.
There are two objection in this case : The Hindu Analysis
- There is no any clear examination of the case of the issue of national security
- In the the Pegasus case (Manohar Lal Sharma vs Union of India, 2021) ,three judges benches clearly stated that Every time free pass should not be given on the name of national security and stated that “national security cannot be the bugbear that the judiciary shies away from, by virtue of its mere mentioning”.
Conclusion
As per the above discussion, we see a state that has succeeded in suppressing the voice of the dissenter, illegally and clandestinely. This is the responsibility of the state to protect the fundamental; rights of the people. Court should not be silent on the issue of the right of peace and expression. The voice of the opponents should not be crushed for healthy democracy. This must be protected by our Judiciary. However, the issue of national security should never be compromised but the issues of national interest must be evaluated and reviewed by the Judiciary also .
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Source : The Hindu
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Plutus IAS Current Affairs Team Member
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