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.
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.
Though amendments have been made to the Representation of the People Act, politicos have shamelessly sold themselves to the highest bidder. Is it time parties sign “prenuptial” pacts with their candidates?