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.