Is internet satire legally protected as free speech under our Constitution, or can the government shut down pages just because a joke targets political figures?
The Madras High Court recently unblocked several social media links after a petitioner argued that a three-hour emergency block by the state government curtailed political criticism. For regular citizens who enjoy online comedy like the viral Cockroach Janta Party memes, the boundaries are confusing. When does a political joke turn into a legal offence, and what specific powers do authorities have to block content just for being critical?
— Mohan Rajkumar, Periamet
While the right to freedom of speech is a fundamental right, it is subject to a long and inexhaustible list of "reasonable restrictions" provided under Article 19(2) of the Constitution. How reasonable such a restriction is will always be subject to the final word from the courts. The right to access the internet is not a fundamentally guaranteed right, as seen in the erstwhile state of Jammu and Kashmir a few years ago, when the internet was shut down for several months. It was lifted only after the Supreme Court was moved, and hence no definitive decision was rendered on the core issue. Crucially, while the right to speak is a guaranteed right, the right not to speak is not guaranteed, except under criminal law.
False educational details in poll affidavits invite prosecution, though voters rarely prioritise degrees
I recently saw a political post on social media where someone accused a local leader of using a fake college degree just to look important. It got me thinking about our politicians.
I know that anyone can contest elections in India, even without a formal school degree. But what happens if an MLA actually lies about his/her qualification in the official election papers? Is it just a moral mistake, or can he/she actually lose the seat in the Assembly for lying? Also, can the police file a regular cheating case against them for this, or do only election rules apply?
— Shanmuga Muthu, Velachery
When the Constitution of India was being drafted, there were suggestions to include educational qualifications as a requirement for contesting higher posts. However, the move was dropped considering the situation in the country where many lacked formal education. Even to become a Governor of a state, it is enough that you are an Indian citizen and above 35 years of age.
In earlier days, in order to impress voters, leaders used to suffix their degrees, such as BA and MA, to their names. Later, after obtaining fake conferments of honorary doctorates, they began prefixing their names with Dr. Subsequently, following a public interest litigation, contestants were required to mandatorily disclose their educational qualifications in the form of an affidavit. If you swear to a false affidavit, you can be prosecuted.
However, people do not seriously consider educational qualifications while voting. In Tamil Nadu, of the 11 chief ministers we have had since Independence, a majority were not even matriculates. You will also be surprised to know that for contesting from a graduate constituency in the Legislative Council, the candidate need not be a graduate while the voter must be one, as per a decision of the Supreme Court.