Topic: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
Q3. “Defamation law has become a contested site between reputation and freedom of expression”. Examine this tension. Propose reforms for a fairer balance. (10 M)
Difficulty Level: Medium
Reference: TH
Why the question
The recent Delhi court gag order in the Adani case has revived debates on how defamation law balances free speech with the right to reputation, making it a timely constitutional and governance issue.Key Demand of the question
The question requires examining the tension between freedom of expression and protection of reputation under defamation law, and suggesting reforms that ensure proportionality, fairness, and democratic accountability.Structure of the Answer:
Introduction:
Briefly set context of constitutional clash between Article 19(1)(a) and Article 21.
Body
- Tension between reputation and free expression – highlight conflict of rights, chilling effect, misuse of injunctions, SLAPP suits, lack of public interest defence.
- Reforms for fairer balance – decriminalisation, proportionality test, anti-SLAPP law, expedited civil remedies, judicial guidelines.
Conclusion:
Forward-looking note on balancing dignity and democracy through reformed defamation regime.
