ValkyaEditorial

Tagged “free-speech”

7 articles on free-speech.

Landmark JudgmentHigh Court of Bombay

Kunal Kamra v. Union of India: the Fact Check Unit and the 2-1 split

A Bombay High Court division bench split 1-1 in January 2024 on the constitutional validity of the IT Rules 2023 Fact Check Unit. The tie-breaking opinion of Justice A.S. Chandurkar in September 2024 struck down Rule 3(1)(b)(v) — vague, overbroad, and structurally inviting the state to be judge in its own cause.

Valkya Editorial··10 min
Landmark JudgmentSupreme Court of India

LIC v. Manubhai D. Shah: the Life Insurance Corporation as 'State', and the right of reply within Article 19(1)(a)

On 22 July 1992, a two-judge bench of the Supreme Court (A.M. Ahmadi J. authoring, with M.M. Punchhi J. concurring) held that the Life Insurance Corporation is 'State' within Article 12 of the Constitution and is bound by Part III fundamental rights; that the right of reply — the right of a citizen to use the same forum that has carried criticism of his work to publish a rejoinder — is integral to the freedom of speech and expression guaranteed by Article 19(1)(a); and that non-statutory administrative guidelines cannot ground a restriction on speech under Article 19(2). The companion appeal concerning Tapan Bose's documentary 'Beyond Genocide' on the Bhopal gas disaster applied the same framework to Doordarshan. The judgment is the doctrinal bridge between Sukhdev Singh's Article 12 jurisprudence and the broadcasting-access cases that culminated in Cricket Association of Bengal.

Valkya Editorial··16 min
Landmark JudgmentDelhi High Court

Court on its own Motion v. Gulshan Pahuja: how the Delhi High Court convicted and sentenced a YouTuber-advocate for scandalising the judiciary

On 21 April 2026, a two-judge bench of Justices Navin Chawla and Ravinder Dudeja of the Delhi High Court convicted advocate Gulshan Pahuja — who runs the YouTube channel 'Fight 4 Judicial Reforms' — of criminal contempt under Section 2(c) of the Contempt of Courts Act, 1971, for content that the Court held was designed to scandalise the judiciary as a whole. On 16 May 2026, the same Bench sentenced Pahuja to six months' simple imprisonment and a fine of ₹2,000 in each of two criminal contempt cases. The judgment is a recent doctrinal application of the line between fair criticism and contempt of court in the digital-content environment.

Valkya Editorial··10 min
Landmark JudgmentSupreme Court of India

Kedar Nath Singh v. State of Bihar: the constitutional reading that saved sedition — and constrained it

A five-judge Bench in 1962 upheld Section 124A IPC, but only by reading into it the limitation that has governed sedition prosecutions ever since. Six decades on, with the offence re-housed as Section 152 BNS, the Kedar Nath gloss remains the doctrinal floor — and the live question is whether the rewrite preserves or alters it.

Valkya Editorial··10 min
Landmark JudgmentSupreme Court of India

Subramanian Swamy v. Union of India: the constitutional defence of criminal defamation

On 13 May 2016, a two-judge Bench led by Justice Dipak Misra upheld the constitutional validity of Sections 499 and 500 of the Indian Penal Code — the criminal-defamation framework — against challenges based on the freedom of speech and expression. The reasoning rested on the proposition that reputation is constitutionally protected under Article 21, and that the criminal-defamation framework, properly construed, does not produce an undue chilling effect on expression. A digest of the holding, the doctrinal architecture, and the contemporary practitioner's framework.

Valkya Editorial··11 min