Discuss Section 66A of IT Act, with reference to its alleged violation of Article 19 of the Constitution.
Question source: superkalam.com
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- Supreme Court: refusing to sing the National Song cannot be punished
Both cases turn on whether the State can penalise expression (or its refusal) beyond the grounds listed in Article 19(2); cite Shreya Singhal alongside the National Song ruling.
- New film certification guidelines notified for the CBFC
Like film certification, it tests whether a speech restriction stays within the grounds of Article 19(2).
- Shreya Singhal v. Union of India
Shreya Singhal answered this question two years later by striking down Section 66A as violating Article 19(1)(a).
- 1st Amendment
Section 66A was tested against the Article 19(2) grounds, several of which were inserted by the First Amendment.