Kashmir, Free Speech

Dear Reader,

This is the second Sunday of the month so I will be writing about judgments. I will discuss two judgments.

JUDGMENT

ANURADA BHASIN … PETITIONER

VERSUS

UNION OF INDIA AND ORS … RESPONDENT

In this case the Supreme Court directed the Jammu and Kashmir Administration to review all orders of restrictions placed in Jammu and Kashmir post the abrogation of the state’s special status within a week. The Court also held that indefinite suspension of internet is not permissible.

Leftist Analysis:

Leftists believe that when there is a conflict between the rights of the individual and the security of the state that the government must favour the rights of the individual.

This judgement favors individual rights over the security of the state. Therefore this is a leftist judgement.

Rightist Analysis:

Rightists believe that when there is a conflict between the rights of the individual and the security of the state that the government must favour the security of the state.

This judgement favors individual rights over the security of the state. Therefore this is not a rightist judgement.

Authoritarian Analysis:

Authoritarians believe that individual rights are subordinate to the security of the state.

This judgement holds individual rights equal to the security of the state. Therefore it is not an authoritarian judgement.

Libertarian Analysis

Libertarians believe that individual rights are superior to the security of the state.

This judgement holds individual rights equal to the security of the state. Therefore it is a libertarian judgement.

My Analysis:

I believe that this is a good judgment. I believe that the government should not impose excessive restrictions, even when security is threatened and must find a balance between the two needs of the people, liberty and security.

This is a libertarian leftist judgment.

JUDGEMENT

LIPIKA PAUL

VERSUS

STATE OF TRIPURA AND ORS.

In this case the High Court of Tripura ruled that a government servant has a right to freedom of expression including the right to express their political beliefs.

Leftist Analysis

Leftists believe that the government servants must be loyal to the political party in power and therefore they must not be allowed to express their political views, lest those views be against the party in power.

Therefore this is not a Leftist Judgment.

Rightist Analysis

Rightists believe that the government servants must be loyal to the people of the country not to the party in power and therefore must be allowed to express their opinions against them.

Therefore this is a Rightist Judgment.

Authoritarian Analysis

Authoritarians do not believe in the right to free speech. They therefore do not believe that anyone including public officials should be allowed to speak against the government.

Therefore this is not an Authoritarian Judgment.

Libertarian Analysis

Libertarians believe that there should be no restrictions on free speech. They therefore believe that everyone, including public officials, should be allowed to speak against the government.

Therefore this is a Libertarian Judgment.

My Analysis:

I agree with this judgment and believe that government servants should be able to express their political views.

This is a libertarian rightist judgment.