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Title: Constitutional silences, balancing of rights, and the concept of a “neutralising device”
Authors: Khamroi, Anubhav
Keywords: Balancing Rights
Constitutional silence
Freedom of speech
Issue Date: 9-Nov-2019
Publisher: Indian Constitutional Law and Philosophy
Citation: Khamroi, A. (November 09, 2019) Constitutional silences, balancing of rights, and the concept of a “neutralising device”. Indian Constitutional Law and Philosophy
Description: The doctrine of balancing of rights have troubled constitutional courts across jurisdictions. The Indian Supreme Court, once again (although, in my opinion, unnecessarily), in Kaushal Kishor v. State of Uttar Pradesh [“Kaushal Kishor”], has taken upon itself the job of balancing two potentially competing fundamental rights, namely – Article 19(1)(a) and Article 21 or any unenumerated right within it. The Constitution Bench passed an order (see here) framing five questions
Appears in Collections:JGU Publications: Popular Articles, Literary items, Opinions, Reviews etc.

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