Shreya Singhal v. Union of India
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The Supreme Court struck down section 66A of the IT Act for violating freedom of speech and expression protections. The case involved two women who were arrested for Facebook posts criticizing a political bandh, though charges were later dropped. The court found section 66A to be overly broad and vague, leaving too much discretion to law enforcement. It established guidelines for reasonable restrictions on fundamental rights when regulating technology. While upholding other sections of the IT Act, the ruling preserved free speech protections in the constitution.
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Shreya Singhal vs Union Of India (Case Study)
The Supreme Court of India struck down Section 66A of the Information Technology Act in 2015. Section 66A criminalized sending offensive or annoying messages through a computer or any other communication device. The judgment arose from the arrests of two women in Mumbai under Section 66A for Facebook posts expressing displeasure about a political event. The Court found Section 66A to be unconstitutional as it violated freedom of speech and was overly broad, vague and ambiguous. The Court held that Section 66A punished legal and innocent speech and could have a chilling effect on free expression.
Sheya Singhal vs union of india case.ppt
- Shreya Singhal filed a petition challenging the constitutional validity of Section 66A of the Information Technology Act 2000, which criminalized sending offensive or annoying electronic communications.
- Section 66A was used to arrest two women for Facebook posts deemed offensive about shutting down Mumbai after a political leader's death.
- The Supreme Court struck down Section 66A as unconstitutional, finding that its vague language violated freedom of speech and was not a reasonable restriction under Article 19(2).
- However, the Court upheld Section 69A and the intermediary guidelines as constitutional with certain terms read down narrowly. It also struck down a section of the Kerala Police Act.
State of Maharashtra Vs. Manesh madhusudan kotiyan
This memorial addresses three issues in a special leave petition filed before the Supreme Court of India regarding a criminal case. The first issue is whether the special leave petition is maintainable, arguing that there was no grave injustice or ignorance of substantial questions of law by the High Court. The second issue is whether consent was given voluntarily, arguing that consent was given freely without force or misconception. The third issue is whether the respondent is punishable for rape, arguing that the essential elements of rape were not met. The memorial provides arguments for each issue and submits that the petition should be dismissed.
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- It was adopted by the Constituent Assembly on November 26, 1949 and came into effect on January 26, 1950.
- It is the longest written constitution in the world, currently having a preamble, 25 parts, 12 schedules, 5 appendices and 448 articles.
- It guarantees fundamental rights to citizens under Part III, including right to freedom under Article 19 which covers freedom of speech, assembly, movement etc. subject to reasonable restrictions.
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Shreya Singhal vs Union Of India (Case Study)
The Supreme Court of India struck down Section 66A of the Information Technology Act in 2015. Section 66A criminalized sending offensive or annoying messages through a computer or any other communication device. The judgment arose from the arrests of two women in Mumbai under Section 66A for Facebook posts expressing displeasure about a political event. The Court found Section 66A to be unconstitutional as it violated freedom of speech and was overly broad, vague and ambiguous. The Court held that Section 66A punished legal and innocent speech and could have a chilling effect on free expression.
Sheya Singhal vs union of india case.ppt
- Shreya Singhal filed a petition challenging the constitutional validity of Section 66A of the Information Technology Act 2000, which criminalized sending offensive or annoying electronic communications.
- Section 66A was used to arrest two women for Facebook posts deemed offensive about shutting down Mumbai after a political leader's death.
- The Supreme Court struck down Section 66A as unconstitutional, finding that its vague language violated freedom of speech and was not a reasonable restriction under Article 19(2).
- However, the Court upheld Section 69A and the intermediary guidelines as constitutional with certain terms read down narrowly. It also struck down a section of the Kerala Police Act.
State of Maharashtra Vs. Manesh madhusudan kotiyan
This memorial addresses three issues in a special leave petition filed before the Supreme Court of India regarding a criminal case. The first issue is whether the special leave petition is maintainable, arguing that there was no grave injustice or ignorance of substantial questions of law by the High Court. The second issue is whether consent was given voluntarily, arguing that consent was given freely without force or misconception. The third issue is whether the respondent is punishable for rape, arguing that the essential elements of rape were not met. The memorial provides arguments for each issue and submits that the petition should be dismissed.
Amendment procedure
The document discusses the amendment process of the Constitution of India as outlined in Article 368. It provides that amendments can be initiated by introduction of a bill in either house of Parliament. The bill must be passed by a special majority in each house and receive presidential assent. Some provisions also require ratification by half the state legislatures. The Supreme Court has ruled that amendments cannot alter the basic structure of the constitution. The document outlines the different classes of amendments and criticisms of the current process. It examines the scope of amendability and summarizes some major constitutional amendments that have been passed.
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This document provides an overview of Article 19 of the Indian Constitution which guarantees certain fundamental rights regarding freedom of speech, expression, assembly, movement, residence, and profession to citizens of India. It discusses these rights and the reasonable restrictions that can be imposed on them under Article 19(2) for purposes like security of the state, public order, decency or morality, contempt of court, defamation, and incitement to offense. It also summarizes key cases like Express Newspapers that have established the importance of freedom of press in a democracy. Overall, the document concisely summarizes the key aspects of Article 19 rights and restrictions in India according to the Indian Constitution and judicial precedents.
Article 19 the constitution of india
The document summarizes key aspects of the Constitution of India. It describes how the constitution establishes India as a sovereign, socialist, secular, democratic republic that aims to secure justice, liberty, equality and fraternity for all citizens. Some key points covered include:
- It was adopted by the Constituent Assembly on November 26, 1949 and came into effect on January 26, 1950.
- It is the longest written constitution in the world, currently having a preamble, 25 parts, 12 schedules, 5 appendices and 448 articles.
- It guarantees fundamental rights to citizens under Part III, including right to freedom under Article 19 which covers freedom of speech, assembly, movement etc. subject to reasonable restrictions.
Judicial review
This document discusses the concept of judicial review in India. It defines judicial review as the power of courts to review laws enacted by the legislature and declare them unconstitutional. It outlines that judicial review originated in the US and was later incorporated into the Indian constitution. The document discusses important cases where judicial review was exercised in India and explains that the power helps maintain the balance of federalism and protect fundamental rights. It also lists the relevant constitutional provisions and scope of judicial review in India.
Moot Memorial
This document is a memorial submitted on behalf of the respondent in a civil suit filed under Section 9 of the Code of Civil Procedure. It contains the index of authorities cited, a list of abbreviations, statements of jurisdiction and facts of the case, issues raised, summary of arguments, and detailed arguments on each issue. The key issues are whether the offer and acceptance were valid as per the Indian Contract Act, 1872, whether the revocation of offer by the defendant was valid, and whether there was a breach of contract. The respondent argues that while the offer was valid, the acceptance was not as the defendant was unaware of it, and the revocation of offer was valid as per the provisions of the Act. Therefore, no valid
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State of Maharashtra Vs Manesh Madhusudan Kotiyan
This special leave petition challenges the High Court's decision to acquit the respondent of rape charges. The petitioner argues that the special leave petition is maintainable before the Supreme Court under Article 136 of the Constitution. Article 136 grants the Supreme Court the power to grant special leave and hear appeals from any court or tribunal in India. Courts have interpreted this as providing the Supreme Court with broad supervisory jurisdiction over lower courts. The petitioner argues this special leave petition falls within the Supreme Court's jurisdiction to correct errors and prevent injustice.
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1. The prosecution is appealing the conviction of the accused Sunil in the High Court of Delhi.
2. Sunil was convicted by the sessions court of murder under section 302 IPC and acid attack under section 326B read with section 34 IPC for throwing acid on the victim Reema, which led to her death.
3. The prosecution is arguing that Sunil must be convicted on both charges. For the murder charge, the prosecution argues that Sunil threw acid on Reema with the help of his friend Ramesh, causing grievous injuries that led to her death, satisfying the conditions for murder. For the acid attack charge, the prosecution argues that Sunil threw the acid with help from R
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Precedent refers to principles or rules established by higher courts that lower courts must follow when deciding similar cases. Binding precedents come from superior courts within the same hierarchy, while persuasive precedents from other hierarchies or courts of equal rank can be considered but are not obligatory. The Supreme Court's rulings are binding on all Indian courts, though it is not bound by its own precedents. Precedents promote predictability, stability, fairness and efficiency but also present challenges like distinguishing key ratios and tracking numerous rulings. Overall, precedents are an important source of law but require effective recording mechanisms.
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1) The Supreme Court initiated suo moto criminal contempt proceedings against author Arundhati Roy for her comments criticizing a Supreme Court decision in an article and during protests.
2) Roy argued her comments constituted fair criticism protected under law, while the Court held her comments scandalized the Court's authority with malafide intentions.
3) The Court sentenced Roy to one day imprisonment and a Rs. 2,000 fine, citing precedents around permissible criticism of courts and showing magnanimity by keeping the sentence symbolic given Roy is a woman.
Judicial activism in India ( Brief Notes )
1. Judicial activism in India refers to the judiciary taking an active role in upholding constitutional rights and reviewing laws to ensure they are beneficial to citizens.
2. It empowers courts to strike down laws that infringe on fundamental rights or contradict constitutional values.
3. Public interest litigation introduced in the 1970s expanded judicial activism by allowing citizens to file petitions on public issues. This led to important rulings on environmental protection, human rights, and more.
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THIS PPT DESCRIBES THE CONCEPT OF THE RIGHT TO PROPERTY. THIS INCLUDES THE QUESTION THAT "IS PROPERTY RIGHT IS FUNDAMENTAL RIGHT OR LEGAL RIGHT. IT ALSO EXPLAINS THE TUSSLE BETWEEN THE LEGISLATURE AND THE JUDICIARY.
Criminal defamation
This document discusses criminal defamation under Indian law. It defines defamation and explains that in India, defamation can be both a civil and criminal offense. Under the Indian Penal Code, a person found guilty of criminal defamation can be sentenced to up to two years in jail. Some common defenses against defamation claims include proving the statement was true, that it was a privileged communication, or constituted fair comment. The document also discusses a Supreme Court case involving the actor Shah Rukh Khan regarding alleged defamatory dialogue in one of his films.
Parliamentary privileges
Parliamentary privileges are special rights, immunities, exceptions enjoyed by the members of the two houses of Parliament and their committees. UPSC Exam preparation
Right to privacy
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Freedom of speech and expression
BlBased
Article 19(1) (a) of the Constitution of India states that, “all citizens shall have the right to freedom of speech and expression”. The philosophy behind this Article lies in the Preamble of the Constitution, where a solemn resolve is made to secure to all its citizen, liberty of thought and expression. The exercise of this right is, however, subject to “reasonable restrictions” for certain purposes being imposed under Article 19(2) of the Constitution of India.
Cr pc
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Harts Concept of law-
Hart's concept of law distinguishes between primary and secondary rules. Primary rules impose obligations on behavior, while secondary rules establish ways to change, enforce, and adjudicate primary rules. For Hart, a legal system requires both types of rules. He criticizes Austin's view that laws are commands, arguing laws confer powers and privileges in addition to imposing duties. Hart also distinguishes rules from habits, and obligations from coercion. While providing insights, Hart's view has been criticized for underestimating the role of courts and overstating compliance due to internal obligations alone.
Crpc - Rights of an Arrested Person
This document summarizes the rights of an arrested person in India according to the constitution and criminal procedure code. It outlines 8 key rights of an arrested person including the right to a fair trial, right to know the grounds of arrest, right to remain silent, right to be informed of bail provisions, right to be produced before a magistrate without delay, right to consult a legal practitioner, right to free legal aid, and right to be examined by a medical practitioner. It also discusses the landmark D.K. Basu vs State of West Bengal case which established additional guidelines to protect arrested persons from torture and inhuman treatment.
Official secrets act
The Official Secrets Act was first enacted in India in 1923 by the British to suppress nationalist sentiments in newspapers. After independence, India retained the Act to maintain secrecy and confidentiality in governance. The Act deals with espionage and disclosure of secret government information. However, it conflicts with the Right to Information Act 2005, which mandates transparency, as the government can classify documents as "secret" to avoid disclosure. While many countries still have official secrets laws, there have been calls to reform India's Act to align it better with the principles of transparency and RTI.
Indira Gandhi Nehru v. Raj Narayan
This case heard by the Allahabad High Court that found the Prime Minister of India Indira Gandhi guilty of electoral malpractices.
Judicial activism
This document discusses judicial activism in India. It notes that the Supreme Court has increasingly made decisions on issues like pollution control, medical education standards, traffic safety regulations, and river interlinking projects. As politicians struggle with gridlock, the Supreme Court judges have taken a lead in shaping policy. However, others see this as a threat to democracy and investor interests. The document discusses the history of judicial activism in India since independence and debates around appropriate roles for the different branches of government. It also covers the rise of public interest litigation in India in expanding judicial power and access.
Contempt of Court.pptx
This document discusses contempt of court in India. It defines contempt of court as any act or omission that interferes or tends to interfere with the administration of justice. The document outlines the two types of contempt according to the Contempt of Court Act 1971 - civil contempt, which involves disobeying a court order, and criminal contempt, which involves scandalizing the court or prejudicing judicial proceedings. The objectives of contempt of court are to uphold the dignity of law courts, ensure order in society, and maintain public faith in the justice system. High courts have jurisdiction over contempt of themselves or subordinate courts. Contempt can be committed by lawyers, judges, corporations, or the state.
Privacy right under it act, 2000 and under other law
After coming the computer age our privacy is not so secure. We are bening followed and traced if we are using multimedia mobile with internet connection. What are the remedies against this, this Notes reply.
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Shreya Singhal v. Union of India
- 1. SHREYA SINGHAL V. UNION OF INDIA WRIT PETITION (CRIMINAL) NO.167 OF 2012 CASE ANALYSIS BENCH: J. CHELAMESHWAR, ROHINTON FALI NARIMAN
- 2. TITLE FRAMED CREATING AUTHORITY OF LAW OVER A TECHNOLOGY: INSIGHTS FROM SHREYA SINGHAL CASE
- 3. FACTS OF THE CASE • Two girls-Shaheen Dhada and Rinu Srinivasan, were arrested by the Mumbai police in 2012 for expressing their displeasure at a bandh called in the wake of Shiv Sena chief Bal Thackery’s death. • The women posted their comments on the Facebook. The arrested women were released later on and it was decided to close the criminal cases against them yet the arrests attracted widespread public protest. • It was felt that the police has misused its power by invoking Section 66A inter alia contending that it violates the freedom of speech and expression.
- 4. CONTINUED.. • The apex court judgment came on a batch of petitions challenging the constitutional validity of Section 66A of the IT Act on the grounds of its vague and ambiguous and was being misused by the law enforcing authorities.
- 5. ISSUES FRAMED • Constitutional validity of Sec.66A, 69A & 79 was challenged. • Whether Sec.66A is curtailing the Right to freedom of speech and expression. • Whether Sec.66A is saved under Art.19(2).
- 6. PETITIONER’S ARGUEMENTS • The terminology used are subjective in nature and are left open at the desire and will of the law enforcement agencies to interpret it. The limitation is not present. • Article 14 violated as there is no intelligible differentia as to why only one means of communication is targeted by this section. Thus, self- discriminatory.
- 7. RESPONDENT’S ARGUEMENTS • Only probability of abuse cannot be a justification to declare a provision invalid. • Loose Language is used to safeguard the rights of the people from those who violate them by using this medium. • Vagueness is not a ground to declare a statute unconstitutional if it is otherwise qualified and nonarbitrary • Court would so construe a law to make it functional and in doing so can read into or read down the provisions of law. • LEGISLATURE IS THE AUTHORITY TO MAKE LAWS
- 8. FINDINGS OF THE APEX COURT • FREE SPEECH • DIFFERENCE IN THE US AND INDIAN LAWS • ON CONSTITUTIONALITY OF SEC 66A • ON PUBLIC ORDER • ON CLEAR AND PRESENT DANGER & TENDENCY TO EFFECT • ON DEFAMATION • ON DECENCY OR MARALITY
- 9. CONTINUED… • ON INCITEMENT TO AN OFFENCE • ON VAGUENESS • ON CHILLING EFFECT AND OVER BREADTH • ON PRESUMPTION OVER FAVOUR IN VALIDITY OF ENACTMENT • ON DOCTRINE OF SEVEREBILITY • ON ARTICLE 14 • ON SEC 69A AND 79 • MARKET PLACE IDEA THEORY BY JUSTICE HOLMES
- 10. JUDGEMENT OF THE COURT • Section 66A WAS struck down in its entirety being violative of Article 19 (1) (a) and not saved under Article 19(2). • Section 69A and IT (procedure & safeguard for blocking for access of info by public) rules are constitutionality valid. • Section 79 is valid subject to reading down of Section 79(3) (b). • Section 118(d) of Kerala Police Act is struck down (public order).
- 11. SIGNIFICANCE OF THE CASE • preserved and saved the freedom of speech and expression given to people under article19 (1) (a) of Indian Constitution. • Given clear guidelines for further enacting law in relation to reasonable restriction on fundamental right and freedom given by Indian constitution But missed to implore the principle of transparency for rules to block the website.
- 12. THE END ANIKET SINGH B.A.LL.B (HONS.) ENROLMENT 1020181957 4TH SEMESTER HIMACHAL PRADESH NATIONAL LAW UNIVERSITY, SHIMLA.