Restricting Free Speech: Kaushal Kishore and the Increasing Confusion

The piece critically analyses the Kaushal Kishore judgment and points out its inadequacies and flip-flops with respect to balancing Art.21 and Art.19(1)(a) rights. The author also points out the error in the Court’s interpretation of the Sakal Papers judgement and critiques the Court’s holding that Art.19 and 21 rights can be enforced even against persons other than the State or its instrumentalities.

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