Rights and Protections of journalists in government actions
Journalists and individuals in India have a number of rights and protections in the face of government actions, including:
Journalists have the right to gather and report information without government interference. This includes the right to protect their sources.
To publish information that is critical of the government.
This right is enshrined in Article 19(1)(a) of the Indian Constitution.
Individuals have the right to express their opinions and beliefs without fear of government.
This includes the right to protest against government policies and to criticize the government in public.
Individuals have the right to keep their personal information confidential.
No information collected and used without their consent.
This right is not explicitly mentioned in the Constitution, but it has been recognized by the Supreme Court of India as a fundamental right.
Individuals have the right to express their Individuals have the right to a fair trial if they are accused of a crime.
This includes the right to be represented by a lawyer, the right to confront witnesses, and the right to present a defense. This right is guaranteed by Article 21 of the Indian Constitution.
ADM Jabalpur case
ADM Jabalpur v. Shivkant Shukla was a landmark judgment of the Supreme Court of India.
This case pertaining to the suspension of Articles 21 and 226 of the Indian Constitution in the event of a National Emergency.
The case was decided in 1976, during the Emergency imposed by Prime Minister Indira Gandhi.
The case arose out of a challenge to the detention of a number of individuals under the Maintenance of Internal Security Act (MISA).
The MISA was a law that allowed the government to detain individuals without charge for up to two years.
The government argued that the MISA was necessary to maintain internal security during the Emergency.
The Supreme Court, by a majority of 4-1, upheld the government's contention.
The majority held that Articles 21 and 226 of the Constitution could be suspended during an Emergency.
The dissenting judge, Justice H.R. Khanna, held that the suspension of Articles 21 and 226 during an Emergency was unconstitutional.
He argued that these Articles were the foundation of the Constitution, and that they could not be suspended even during an Emergency.
The ADM Jabalpur case was a controversial decision.
It was criticized by many jurists and scholars for undermining the fundamental rights of citizens.
The ADM Jabalpur case was overruled in 2017 by the Supreme Court in the Puttaswamy case.
Justice K.S. Puttaswamy case
Justice K.S. Puttaswamy (Retd.) & Anr. vs. Union Of India & Ors. is a landmark judgment of the Supreme Court of India.
Which holds that the right to privacy is protected as a fundamental right under Articles 14, 19 and 21 of the Constitution of India.
A nine-judge bench of the Supreme Court pronounced privacy to be a distinct and independent fundamental right under Article 21.
The case was initiated through Justice K.S. Puttaswamy, a retired judge of the Karnataka High Court in relation to the Aadhaar Project.
The Aadhaar project has been criticized by some for violating the right to privacy.
In its judgment, the SC held that the right to privacy is a fundamental right.
It is essential for the protection of individual liberty and autonomy.
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