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Freedom Of Speech Upheld By SC
Source :
The Hindu

GS II : Major crops cropping patterns in various parts of the country, different types of irrigation and irrigation systems storage, transport and marketing of agricultural produce and issues and related constraints; e-technology in the aid of farmers


Why In News ?

Real-time reportage of court proceedings, including the oral exchanges in courtrooms between judges and lawyers, is part of the right to freedom of speech, the Supreme Court has held in a judgement.

Background

  • The judges had remarked that the ECI was solely responsible for the COVID-19 surge.
  • Chief Election Commissioner had appealed to the Supreme Court after the High Court did not restrain the media from reporting the remarks nor make any of them take back the remarks.

Key Facts

  • The court declined a plea made by the Election Commission of India (ECI) to restrain the media from reporting oral remarks made by a Division Bench of the Madras High court.
  • Poll body officials should be charged with “”urder” for allowing rallies and mass gatherings during the Tamil Nadu Assembly elections.
  • Except in cases of child sexual abuse and marital issues, the phenomenon of free Press should extend to court proceedings.
  • Citizens have a right to know about what transpires in the course of judicial proceedings.
  • The dialogue in a court indicates the manner in which a judicial proceeding is structured.
  • Right of the media to report and disseminate issues and events, including court proceedings that were a part of the public domain, augmented the integrity of the judiciary.
  • Oral observations made during the course of the hearing did not bind the parties and did not form a part of the judgement.
Election Commission
  • Election Commissioners, who are charged with the free and fair conduct of polls.
  • The appointment of the chief election commissioner and other election commissioners shall be made by the president.
  • The President of India (based on a recommendation from incumbent Govt of India) appoints the Chief Election Commissioner.
  • Conventionally, senior-most Election Commissioner is appointed as CEC.
  • He has tenure of six years, or up to the age of 65 years, whichever is earlier.
  • President may also appoint after consultation with the election commission such regional
    commissioners as he may consider necessary to assist the election commission.
  • At present, the Election Commission of India is a three-member body, with one Chief Election Commissioner and two Election Commissioners.

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