May 20, 2024


Equality opinion

No Bihar Govt Work opportunities for Protesters: An Unconstitutional Condition?

It is only when anyone is essentially convicted of an offence that you can conclusively say that they took aspect in a prison activity throughout a protest – till then the presumption of innocence would utilize.

For such a particular person to be denied a government career, or a passport or any of the other items the Bihar Law enforcement have indicated will be afflicted by the accusation of prison involvement, are unable to in any way be realistic. After they have actually been convicted by a courtroom of regulation, the argument that this is reasonable issue to do results in being extra feasible.

The doctrine of unconstitutional conditions is an recognized thought in the US courts, but not seriously in the Indian context. Apart from the concurring viewpoint in the Xaviers circumstance (alone not the majority view), it has not been exclusively cited as a floor to strike down federal government coverage in any other judgments.

This does not suggest the argument is untenable, just that there is no assurance that a courtroom would feel bound by it.

Assist for the argument could maybe be observed in some other instances of the Supreme Courtroom, these as quite a few of the court’s judgments on press liberty which look at no matter if the govt was attempting to indirectly infringe the right to freedom of speech that journalists have by imposing problems on circulation, readership or revenues.

There is also the common administrative legislation theory that what just cannot be accomplished instantly, cannot be completed indirectly, which could be used to argue that these are makes an attempt to restrain protests and dissent in a roundabout manner.