India’s judicial system is in need of a whole host of reforms. However, one crucial aspect of this reform process should be the regulation of judicial data. This requires ensuring the right balance between transparency and privacy.
In this episode, Aakanksha Mishra and Siddharth Mandrekar Rao talk to Sarthak Pradhan, about the reasons and the mechanisms for regulating judicial data.
Aakanksha Mishra is a Research Associate with Daksh. She is a dual-qualified lawyer eligible to practice in India and New York. Siddharth Mandrekar Rao is a Research Associate with Daksh. At Daksh, his research focuses on political economy and the judiciary.
Check out the paper discussed in the podcast – https://dakshindia.org/judicial-data-regulation/
The first amendment of India’s Constitution allowed the right to freedom of speech and expression to be “reasonably restricted”. This amendment created a distinct space for the judiciary and the legislature to produce an ambiguous stream of interpretations to address the vagueness associated with terminologies such as ‘reasonable’, ‘in the interest of’, ‘public order’, ‘decency’, ‘morality’, ‘incitement’ etc.
Ratika Gaur and Apurva Kumar explore the possible reasons for this ambiguity. They also examine the immediate effects of this ambiguity on the reach and scope of Article 19(1)(a), which lays out the right to free speech. Finally, they consider possible solutions that can be achieved through creative policy interventions.
Ratika is a political scientist who has been researching freedom of speech and expression. She is an Assistant Professor at Miranda House and is also pursuing PGP at Takshashila.
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