Chief Justice of India Justice N.V. Ramana has been in the limelight not just for his judgments as the head of the Supreme Court but also for his speeches outside the Court.
As protests subsume India, the above question is being increasingly asked. While we are a democracy, we haven’t got it right as critics are put in detention, dissent silenced and majoritarian tactics used.
Petitioner asserts that it is a serious matter of concern to both democracy and rule of law because 43% of MPs have criminal cases against them. In turn, it causes irreversible harm to a noble profession, the public interest.
The Allahabad High Court has observed that in a democratic setup, where the right to govern depends on the will of the people, the person who has lost the majority cannot be permitted to hold office.
It is well settled that a citizen while exercising right under Article 19(1) is entitled to make a fair criticism of a judge, judiciary and its functioning. However, the right under Article 19(1) is subject to restriction under clause (2) of Article 19.