The Supreme Court of India: Under Spotlight: Despite Moves to Gag: Two Thoughtful Comments

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Sukla Sen

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Dec 2, 2020, 5:15:24 AM12/2/20
to foil-l

[How many you can gag!?

About time to arrange for a mirror.
Not too wise to presecute those who're trying to help out.

<<One of the most conspicuous casualties of the ongoing crisis of constitutional democracy in India is the complete capitulation of the Supreme Court to the majoritarian rule of Prime Minister Narendra Modi. With its well-known innovations like public interest litigation, basic structure doctrine and the concomitant judicialisation of politics in India, the Supreme Court has for decades attracted disproportionate public attention and international admiration for its judicial interventions.

Since Modi’s election in 2014 however, there has been a general sense of disappointment with the Supreme Court, with a widely shared lament that the court has failed to be a protector of democratic institutions. In this blog post, I will try to trace the departures in the Court’s behaviour during this period, as well as discuss the continuities in its approaches to constitutional interpretation.>>

(Excerpted from Sl. No. I below.)

<<The dignity of the court had to be upheld. The majesty and mystique of the law had to be preserved. These tweets threatened this whole grand structure. And so Kamra and Taneja needed to be taught a lesson. But although these seem like open and shut cases, it is not so straightforward.

Prosecuting a comedian and a cartoonist may in fact achieve the opposite of what is intended. The court may become the butt of many jokes. Courting a jester requires luck. Comedians are subversives. Their jokes are more deadly than a gun. They are philosophers in disguise. The Kamra and Taneja cases raise four issues that we, as a free society, need to think about.>>

(Excerpted from Sl. No. II below.)]

I/II.
https://scroll.in/article/979818/the-crisis-of-legitimacy-plaguing-the-supreme-court-in-modi-era-is-now-hidden-in-plain-sight?fbclid=IwAR1J1el3aci4W1nW_oLupw-dPuPwBxe69vP3xR_23679eZMgimtKYm2ngCc

The crisis of legitimacy plaguing the Supreme Court in Modi era is now hidden in plain sight
Even without any constitutional changes, the apex court has been in a fairly close embrace with the current regime.
The crisis of legitimacy plaguing the Supreme Court in Modi era is now hidden in plain sight

Anuj Bhuwania

Yesterday · 01:30 pm

Snipped

II.
https://scroll.in/article/979891/contempt-cases-prosecuting-comedians-and-cartoonists-is-no-laughing-matter?fbclid=IwAR1i6nDwdL9BJZdkqyw6O7TOskFsPBvksok_AJOhh_VzyUVSmo387eKoTBI

Contempt cases: Prosecuting comedians and cartoonists is no laughing matter
Courting a jester requires luck. Comedians are subversives.

Peter Ronald deSouza

8 hours ago

Snipped
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Peace Is Doable


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