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Freedom of Speech and Expression Could Be Considered One of The Most Fundamental of All Freedoms
Freedom of Speech and Expression Could Be Considered One of The Most Fundamental of All Freedoms
Freedom of Speech and Expression Could Be Considered One of The Most Fundamental of All Freedoms
India to balance the needs of the changing times with the identity of the legal system. It is evident from
the nature of the doctrine that in the absence of the doctrine, Parliament would have been able to wield
all power and had the potential to destroy the identity of the legal system and even to repeal the
Constitution. The basic Structure is at the Heart of the Constitutional Scheme. Part III of the
Constitution is called the cornerstone of Indian democracy. The Preamble is the basic structure of the
Constitution of India. The Preamble says that people are the ultimate authority and the Constitution emerges
from them. The Preamble contains a specified objective that is the basic structure. The Preamble may invoked
to determine the ambit of the fundamental rights , and Directive Principles of States Policy. In Maneka
Gandhi v. Union of India1 the Supreme Court observed: Fundamental rightsweave a pattern of
guarantee on the basic structure of human rights, and impose negative obligations on the State not to
encroach on individual liberty in its various dimensions. The fundamentals of the Indian Constitution
are contained in the Preamble which secures its citizens, Justice, social, economic and political, Liberty
of thought, expression. The Preamble, fundamental rights and directive principles the trinity arc the
conscience of the Constitution. Basic structure doctrine reaffirmed- the Minerva Mills and
Waman Rao cases.
Freedom to air one's view is the lifeline of any democratic institution and any attempt to stifle, suffocate
or gag this right would sound a death knell to democracy and would help usher in autocracy or
dictatorship. Freedom of speech is guaranteed not only by the constitution or statutes of various states
but also by various international conventions like Universal Declaration of Human Rights , European
convention on Human Rights and fundamental freedoms, International Covenant on Civil and Political
Rights etc. Freedom of Speech is the bulwark of democratic government. This freedom is essential for
the proper functioning of the democratic process. Freedom of speech is there to protect the right of all
citizens to understand political issues so that they can participate in smooth working of democracy.
People should know what their elected representatives are doing in the
legislature. Also, live telecast of Assembly proceedings alone will put an end
to the acrimonious scenes taking place inside the House.
A men vs women conflict is disheartening to watch. The NMA appealed to The Supreme Court for
what they think is their democratic right, ie to participate in elections. Although equality of the sexes is
enshrined in the Indian constitution, it is not a social reality. Therefore, vigorous affirmative action was
needed to improve the condition of women. The womens struggle in Nagaland shows that like
other places and societies, the demands of political and economic rights, in this case womens
equality, often bring out the contradictions existing in a society. Reservation for women is
necessary in patriarchal societies like Naga society, for instance, where there is a historical culture of
inequalities as Naga customs, culture and traditions preclude women from inheriting land and
participating in the decision-making process, which is exactly what Article 371(A) protects and is
All male tribal bodies have been against the 33% rese
unconstitutional.
rvation for women in urban local bodies (ULBs) in Nagaland. Women in
Nagaland have been fighting for representation in municipal and town councils. In almost every
instance, communities and their leaders have chosen to sacrifice the
rights of women to safeguard patriarchal practices. Time and again
womens movements in India have confronted issues of community
identity vs the rights of women. Various tribal bodies, including the
Naga Hoho, have called for a boycott to oppose 33 per cent
reservation for women It's is a direct confrontation between articles
243 (D) which gives 33 per cent reservation for women and 371 (A),
which gives special status to the Nagaland State. The NMA argues
that article 243(T) of the Constitution, which provides for 33%
womens reservation in municipal bodies, applies to Nagaland as well.
No woman has ever been elected to the state assembly in over 53
years of Nagalands existence as a state. Most of the tribal bodies
which act as the custodians of tribal culture and traditions are
dominated by men.The property and inheritance rights are highly
skewed against women Towns and municipalities are new concepts
and have nothing to do with tradition and customary practices of the
Nagas. Greater participation of women in the political process would
be a pre condition for their economic and social emancipation. We will
need adequate representation of all genders to make decision making
bodies that are capable of doing good for all. Among 193 countries
ranked by Inter Parliamentary Union, Indias lower house stands at a
poor 145 in terms of womens representation. Reservation for women is necessary
in patriarchal societies like Naga society Denial of womens rights cannot and
shouldnt be an option in a progressive society. ULBs are not part of
traditional Naga society and adherence to their laws does not bypass
any fundamental right of the citizens. Infusing modern ideas while
keeping the Naga customs intact, to promote gender equality and
emancipation of women Women will be mens equals only if
incompetent women could hold important jobs just like men
did.