Tuesday, April 8, 2025

What is the new tariff policy of the United States announced on 2nd April 2025? How would it impact the world as well as the Indian economy?

Why is it in the news? 

1. On 2nd April 2025, The US President Donald Trump announced a comprehensive tariff policy. He imposed a baseline 10% duty on all imports from 5th April. This would be followed by individualised reciprocal tariff rates on nations with which the US has a high trade deficit. The increased tariff would be enforced from 9th April. 

2. The US tariffs on India were set at 26%, China 34%+ earlier 20%, totaling 54%, Vietnam 46%, Thailand 36%, Indonesia 32%, Laos 48%, Japan 24%, South Korea 25%, European Union 20%, UK 10% , Taiwan 32%. Thus, the main focus was on China and countries receiving significant Chinese investment called China + one nations acting as conduits for Chinese products into the western world. 

What is the tariff ?

1. Tariff is a tax imposed by the Government on imported goods and services. It makes foreign products more expensive. The purpose of tariffs is to protect domestic industries from cheap foreign goods, generate revenue for the Government, correct trade imbalances and retaliate against unfair trade practices. There are two types of tariffs 

  • Ad Valorem Tariff - It is charged at a percentage to the value of goods. For example, countries can charge a 10% tariff on the price of imported cars. If a car is valued 5 lakh, 10% tariff would be 50,000 realised by countries. 

  •  There are specific tariffs charged as a fixed amount per unit. For example, $100 tariffs on every imported smartphone. 


Reasons for the new tariff policy announced by the US

1. President Trump claimed that the US has reduced trade barriers for other countries for decades. On the other hand various countries imposed massive restrictions on American products. This resulted in the decimation for American industries. He cited the example of Detroit which was famous for car manufacturing. Its prime manufacturing position has slid with the passage of time. Most of the workers were thrown out of the job. 

2. President also accused several countries of manipulating their currencies, subsidising their exports, stealing intellectual property, adopting unfair rules and technical standards. 

3. The new tariff policy announced by the US was on account of huge trade deficits with countries like China, Mexico, European Union, Vietnam, Taiwan, Japan, South Korea, India, Canada, Malaysia and Israel.  See the graph below

4. USTR report (US Trade Representative) criticised India’s high applied tariffs on a wide range of goods like vegetable oil, apples, maize, motorcycles, natural rubber, automobiles , coffee, walnuts and alcoholic beverages. 

5. The US Government also reiterated that agriculture support programmes extended by India. Leads to distortion in the international markets. However, the Indian Government argued that US subsidies for farmers are much higher than those provided by India.

6. By increasing tariffs on imported goods into the US, the US government intends to increase the production of manufacturing industries, job opportunities to the youths and increasing the revenue of the Government. It also hopes that the increasing tariffs would have a salutary effect upon other countries of the world and so they would be forced to reduce tariffs on imported goods from the US, thereby, bringing a level playing field.  



Impact on global economy

1. The new tariff policy of the US led to significant global economic repercussions. China retaliated by imposing a 34% tariff on all US goods and restricting export of critical , rare earth elements.

2. Major US stock indices experienced declines of nearly 3% reflecting investor concern about a potential global recession. 

3. European and Asian markets also saw substantial drops with fears of escalating trade wars and economic instability.  

4. Higher tariffs will raise  the cost of imported goods like electronics, clothing and machinery in the US. It is estimated that $3800 would be added as expenses to each household.

5. The IMF's 3.3% global growth projection for 2025 is likely to be revised downward. Critics also point out that there is a chance of global recession on account of trade disruption and reduced economic activity. The developed countries like the European Union and Japan may see GDP shrink by 1-2% because of their heavy reliance on exports to the US. 

Similarly, export-dependent countries like Vietnam, Thailand, Mexico may experience sharper declines because of the heavy tariff duty by the US on their goods. 

6. Emerging markets like India, Mexico, Vietnam, Thailand may see capital outflows, thereby weakening currencies of respective countries.

7. Countries facing high US tariffs may diversify their  exports. This redirection of trade would benefit Africa, Latin America, South Eastern Asia, India. 

8. The high tariffs of the US may push for regionalisation, instead of globalisation. Countries would seek formation of regional blocks to reduce reliance on the US market. For example, India may shift its focus upon the European Union for its export instead of the US.  

9. If nations take recourse to retaliatory measures, it is apprehended that there would be trade wars among nations, resulting in shrinking of global GDP by 1-2% annually. Small countries like Singapore, Ireland, Thailand, Vietnam, Bangladesh would suffer the most. 

10. Economic friction may exacerbate US-China rivalry and would push neutral countries to pick sides, complicating multilateral cooperation on issues like climate change.  

11. Thousands of people gathered in different cities of the US and Europe to protest against the reciprocal tariff announced by President Trump, alleging that he was pushing them into a global recession. Stock exchanges of the US, Europe, Asia and India felt the brunt of  the new tariff policy of the US and the share market crashed. Economists fear that the new tariff policy would herald recession worldwide. 


Impact on India

1. It is estimated that the imposition of higher reciprocal tariffs by the United States on several Asian countries like China, Vietnam, Taiwan, Thailand and Bangladesh presents an opportunity for India to strengthen its position in global trade and manufacturing. 

2. Because of the high rates of tariffs on China and China + 1 countries, India has advantage in several key sectors like textiles and garments. The apparel sector of India would get a boost in the US market because the major competing countries like China, Bangladesh, Vietnam, Cambodia have been slapped with higher reciprocal tariffs by the US. Similarly, higher tariffs on Vietnam may boost Indian smartphones and solar module exports to the US. While there would be an adverse impact upon gems and jewellery. Since, import tariffs in the US may go to 20% from the current 0% on loose diamonds and 5.5% - 7% on gold jewellery. It should be noted that the US is India's largest jewellery export market, accounting for almost 30% of the share. 

3. High tariffs by the US on Indian exports would have a far reaching impact upon gems, jewelleries, smart phones, solar photovoltaic modules and auto components. The Trump Government already imposed a 25% tariff on steel, aluminium and automobiles in March and so, these sectors will also be affected. However, certain critical minerals, energy products, pharmaceuticals and bullions were exempted from US tariffs and so these Indian products would witness enhanced export from India to the US. That’s why the share of the pharmaceuticals increased to 3% just after the announcement of the US new tariff policy.  Export of generic drugs and antibiotics and along with certain petroleum oils stand to benefit from the exemption.  

4. However, discussions are going on between India and the US for the swift conclusion of a mutually beneficial multi-sectoral bilateral trade agreement encompassing a wide range of issues of mutual interest. The ongoing talks are focused on enabling both nations to expand trade, investment and technology. It aims at enhancing the trade volume from $190 billion to $500 billion by 2030.  

5. Experts are of the view that the enhanced US tariffs on India would reduce India’s GDP growth by 0.6% points. Sectors like metals, chemicals, jewellery, automobiles and food items would be highly affected. 


Ways out for India

1. Diversification of Indian exports

  • India should reduce dependence on the US for major exports by boosting trade with southeast Asia, Africa and the middle east. It should be noted that the US is the largest trading partner of India. 

  • India should make free trade agreements with the EU, the UK and Australia to offset US losses. The India-EU free trade agreement can open a $500 billion market for Indian goods. 

2. India should accelerate efforts to substitute imports and build self- reliance in tariff hit sectors like electronics and autos. Incentives for local manufacturing can offset higher US import cost, thereby, creating jobs. India should focus on value addition. Instead of raw material exports, finished products should be exported. India should focus on high value exports like electronics, semiconductors, green tech and biotech to reduce over dependence on traditional exports like textiles and gems. 

3. India should use tariff exemptions on energy commodities like oil and gas to keep production cost low in order to support industrial competitiveness.  

4. India should challenge discriminatory tariffs in the world trade organisation if it is treated unfairly compared with other countries. 

5. India should deepen its political and economic ties with the Indian Ocean Rim Association (IORA) to offset its losses of exports to the US on account of high tariffs. 

6. India should emphasise  its role as a counterweight to China in the Indo-Pacific by aligning with the US Geo-political interest to gain favourable trade terms. The bilateral trade agreement between India and the US should be finalised to achieve the target of $5 billion trade by 2030. It should also negotiate to lower tariffs or exemptions for key sectors like electronics, gems, jewellery. India should also offer reciprocal concessions to the US imported goods into India.  



Conclusion

The US tariff policy would destabilise the world economy by fracturing trade networks bringing protectionism and reducing globalisation, inflating cost and triggering a potential recession. Critics point out that the new tariff policy of the US would protect American industries, provide jobs to youths, increase the revenues of the US and reduce the trade deficits. However, higher prices, slower growth and market volatility would be witnessed in the global economy. In short, the world faces a turbulent economic landscape. This may mark a pivotal shift away from decades of trade liberalisation. The extent of damage depends upon the scale of retaliations by different countries and the ability of countries to adapt through diversification or negotiation.  India should therefore revive SAARC (South Asian Association of Regional Cooperation) and strengthen its economic and political ties with Indian Ocean Rim Association, IORA and EU to bolster its exports to offset losses on account of higher tariffs imposed by the US on Indian goods. 

To sum up, the new reciprocal tariff policy of the US will have a dampening effect on global trade. It would also usher in the collapse of economies of countries, like South Korea and Taiwan  which are highly dependent upon export driven growth. 



Saturday, April 5, 2025

What is a heatwave? How does it impact India in the pre-monsoon period of summer season?

 Why is it in the news? 

1. The India Meteorological Department has forecast above normal temperatures in most parts of the country this summer between April to June, including extended heatwave episodes that may last 10-11 days in central and eastern India, affecting Odisha, Jharkhand, Eastern UP in particular. 

2. The Director General of IMD said that above normal heatwave days are likely in Rajasthan, Gujarat, Haryana, Punjab, Madhya Pradesh, Maharashtra, Uttar Pradesh, Bihar, Jharkhand, West Bengal, Odisha, Chhattisgarh,Telangana, Andhra Pradesh and Northern Parts of Karnataka. 

3. Heatwaves over these regions can last for 4-7 days but it is expected that these can prolong to 10-11 days over Odisha, Jharkhand, Eastern UP in this summer season. 

4. Heatwaves extending up to a  week could be experienced during April over eastern India mainly over Odisha. 

5. It is to be noted that heatwaves are common in the month of April over eastern India regions covering Jharkhand, Gangetic West Bengal, Vidarbha in Maharashtra and Gujarat and heatwaves continue for 1-3 days. But, this year it is expected that chances of extended heat waves will be in the month of April over the above regions.  

6. Thus, except West Peninsular India, some parts of East Central and East India, North eastern regions and J & K, major parts of India would be in the grip of heatwaves in the summer season between the months of April to June. 


What is the definition of heatwave and severe heatwave in India? 

1. When the maximum temperature exceeds at a particular place between 4.5°C to 6.4°C above the normal temperature for two consecutive days. Or when the maximum temperature reaches at least 40°C in plains, 37° C in coastal areas and 30°C in hilly regions for two consecutive days, it is called a heatwave. 

2. When the maximum temperature is increased to 6.5° C or more above the normal temperature of that region. Or if the maximum temperature exceeds 47°C in the plains, which persists for two consecutive days, it is called a severe heatwave. 

3. For example, If the normal maximum temperature in Delhi for the month of April is 37°C, if the temperature on two consecutive days is recorded 42°C, it would qualify as a heatwave. If the temperature increases to 44°C which persists for two consecutive days, it would be classified as a severe heatwave. 

Similarly, suppose the average annual temperature of Shimla, a hilly station, is recorded 27° C. If temperature increases 32° C, it would be called a heatwave. But, if the temperature goes to 34° C in Shimla for two days, it would be called severe heatwave. 

4. Heatwaves are more common in the northern, central and eastern parts of India. The most affected states from heat waves in India are Rajasthan, Uttar Pradesh, Madhya Pradesh, Haryana, Punjab, Odisha, Jharkhand, Chhattisgarh, West Bengal, Telangana, Vidarbha in Maharashtra, Eastern Gujarat and Andhra Pradesh. 


Increasing trends of heatwaves in India 

1. It has been found that instances of heatwaves in the central, north west and south east region of the country had been growing at the rate of about 3 heatwave days per decade since 2000. 

2.The year 2024 saw a total of 554 heatwave days across the country , that is,  a sum of heatwave days in all states. 

Thus, except Nagaland, Manipur, Mizoram and Tripura, almost the entire country experienced heatwaves.

3. It has also been found that there was a steady rise in the long duration heatwaves, sometimes going for 15 days at a stretch. The prolongation of heatwaves has a significant adverse impact on ecosystems, agriculture and public health. 


What are the causes for the heatwaves and severe heatwaves in India? 

Heatwaves in India are caused by the interaction between atmospheric high pressure systems, geographical features, climate change and human activities.  

1. Meteorological factor 

  • Northern India is situated in the subtropical high pressure belt of 30° N of latitude. In the summer season the high pressure belt shifts further northward, covering northern and western India. 

Air rises near the equator due to intense heating , moves poleward at high altitude and becomes cold. The cold air descends around 30°N and S latitude due to the coriolis effect. The sinking air from high altitudes suppresses cloud formation, resulting in clear skies and continued solar heating. The hot air near the ground is trapped. Uninterrupted sunlight heats the ground continuously during the day, causing temperature to rise sharply. High pressure systems usually remain stationary or move slowly. This stagnation traps warm air over a region for extended periods leading to the prolongation of the heatwaves. The lack of strong winds prevents the dispersion of hot air, thereby, intensifying local temperature. In normal conditions warm air rises, forming clouds and rain on account of convection. But a high pressure system inhibits convection, thereby, reducing rainfall and moisture. This leads to dry, hot and stable atmospheric conditions typical of heatwaves. 

  • Sometimes, high pressure systems get blocked by other weather patterns, causing them to persist for days, thereby, intensifying the heatwaves. The jet system naturally meanders due to temperature differences between polar and tropical air masses. Sometimes these waves amplify and become stationary, forming a blocking pattern. For example, in 2010, Russian heatwave was caused by blocking high pressure systems that remain stationary over western Russia leading to record breaking temperature and wildfires. Similarly, in India, the blocking system can delay monsoon onset, thereby, causing prolonged dry spells and heatwaves.     

  • Sometimes a heat dome is formed, thereby trapping hot air under a high pressure system. The dome acts like a lid, preventing cooler air from mixing in thereby, causing prolongation of heatwave conditions. High pressure pushes the clouds away from the dome. Hot air expands upward into the atmosphere but high pressure pushes warm air down, thereby, causing air compression leading to heat waves. 

  • Delayed or weak monsoon increases the duration of hot weather.

  • Weak western disturbances lead to reduced pre-monsoon showers, thereby, causing prolongation of heatwaves. 

  • The local wind called loo originates from the Thar desert. It blows from west to east. It is a dry wind and heats up to more than 50° C. 

  • Cities with concrete structure and limited vegetation trap more heat. 

2.Climate change 

  • Increased greenhouse gas emissions have raised global temperatures worldwide. Since India already has a high baseline temperature because of its tropical position, any further increase in temperature causes heat waves. In recent years, because of the climatic change and rising temperature, India is witnessing frequency of more heatwaves. 

  • Loss of tree cover and consequent deforestation further aggravates heat waves. 

  • High level of air pollution trap heat, thereby, exacerbating local temperatures. 

3.Anthropogenic Activities

  • Industrial emissions, burning of crop residues and vehicle emission further increase temperature. 

4.Atmospheric patterns

  • Warming of the Central Pacific Ocean and Indian ocean, thereby, causing El-Nino leads to hotter summers and weak monsoons in India. Weak monsoon causes prolongation of heatwaves in India. 

  • Hot winds from Arabian peninsula and central Asia often increase temperature in northwestern India. 



How does it impact India in the pre-monsoon period of summer season?

1.Heat waves may cause health issues like : 

  • Exhaustion

  • Heat Stroke

  • Dehydration

  • Increasing risk of the vulnerable groups like the elderly, children, outdoor workers and people with pre-existing conditions.

  • Increased mortality

  • Heat related complications

  • lMental health issued like stress, irritability and fatigue

2.It can cause following impacts on agriculture

  • Decreasing productivity of different crops

  • Livestock stress, reducing the productivity of cattle and therefore low production of milk. 

  • Increasing demand of water for irrigation

  • Severe impact upon Rabi crops 

3.Heat Waves can cause 

  • water scarcity

  • Food insecurity

  • Shortage of drinking water

4. Heat waves causes 

  • Reduced income of farmers

  • Reduced labour productivity

  • Increasing use of air conditioning and cooling system leading to power shortage

  • Migration of rural poor to urban areas in search of livelihood

5. Heatwaves leads to 

  • Wildfires 

  • loss of biodiversity

  • urban heat islands thereby, increasing the temperature in cities. 


How to mitigate the impact of heatwaves?

1.The impacts of heatwaves can be mitigated through following methods

  • Early warning system

  • Heat action plans that includes risk mapping, capacity, building and response protocols

  • Public awareness programme to educate public about heat related illness

  • Regular health check ups 

  • Promotion of the use of heat resistance materials for clothing and shelters

  • People should be exhorted to stay indoors during peak hours between 11 AM to 4 PM.

  • Establishment of cooling centres 

  • Medical preparedness 

  • Mobile medical units 

  • Urban  greening 

  • Cool roofs and walls

  • Ponds, lakes and fountains should be integrated in urban centres to moderate temperatures

  • Rescheduling of school, colleges. 

  • Rain water harvesting to increase ground water recharge to ensure water availability during heatwaves

  • Efficient use of water through drip irrigation

  • Setting up of water distribution points in public places

  • Promoting heat resilient crops 

  • Promoting agroforestry

  • Using organic mulch to maintain soil moisture and reduce surface temperature

  • Reducing carbon emission by promoting renewable energy and reducing fossil fuels to combat global warming. 

  • Investing in research for heat resisting crops, advanced cooling technologies and sustainable urban planning. 

  • Reducing urban heat islands by increasing greenbelts and reducing use of asphalt in cities. 


Conclusion

Heatwaves are natural calamities. They cannot be prevented. But through multifaceted approaches like public awareness, healthcare preparedness, urban planning, water management and long term climate action, their impact can be mitigated and precious lives can be saved. Several assessments have shown that the implementation of heat action plan has not been adequate in India while the administration has been more interested to implement short term measure such as making provision for drinking water in public places, creating cool shades for workers or preparing hospitals for heat related diseases, the long term interventions like greening of the cities, rejuvenation of water bodies, creation of parks or open spaces are being ignored. The approach of different governments is reactive rather than proactive, they react to a heatwave event when it occurs. They do not do enough to deal with the problem in a more comprehensive manner. It should be understood that the impacts of heatwaves can be largely managed if timely actions are initiated. 

 


Thursday, April 3, 2025

What is the right to freedom of speech and expression? What are the reasonable restrictions ?

 Why is it in the news?

1. The Supreme Court on 28th March 2025 held that the fundamental right to free speech through poetry, theatre, stand up comedy and satire must be cherished.

2. The court said that reasonable restrictions on free speech must remain reasonable. Restrictions cannot be harmful or oppressive. Restriction cannot overshadow the fundamental right to free speech. It said that free speech was an integral part of a healthy and civilised society. A person’s view cannot be silenced because the majority does not like the sound of them.  

3. The Supreme Court held that the law enforcement authorities and courts must employ the standards of reasonable strong minded firm and courageous minds and not weak and vacillating ones who scent danger in every hostile point of view before initiating criminal action against freedom of expression. 

4. The top court highlighted that the police and the government have a duty to uphold and honour individual right to speech and expression. Thus, the court cancelled an FIR against a Congress MP under section 196 of Bhartiya Nyaya Samhita alleging to create animosity or hatred among different communities. 

What is the right to freedom as the fundamental right?

1.The right to freedom comes under article 19, 20, 21 and 22 of our constitution. Article 19 guarantees to all the citizens six rights. These are: 

  • Right to freedom of speech and expression

  • Right to assemble peacefully and without arms

  • Right to form associations or unions or cooperative societies.

  • Right to move freely throughout the territory of India

  • Right to reside and settle in any part of the territory of India.

  • Right to practice any profession or to carry on any occupation, trade or business.

In addition, article 19 also contained the right to acquire, hold or dispose of property. But this right was deleted  by the 44th amendment act of 1978.

2.It should be noted that these rights are available only to the citizens and to shareholders of a company but not to foreigners or legal persons like companies or corporations. Further, these rights are protected only against state action and not private individuals. Moreover, these rights are subject to reasonable restrictions. 

3. Article 20 grants protection against arbitrary punishment to an accused whether citizen or foreigner or legal person like company or corporation. Thus, it saves from double jeopardy, self-incrimination and punishment from retrospective effects. 

4. Article 21 declares that no person shall be deprived of his/her life or personal liberty except according to procedure established by law. This right is available to citizens and non-citizens. 

5. In Maneka Gandhi Vs Union of India (1978), the Supreme Court expanded the scope of right to life and personal liberty. It held that the right to life and personal liberty of a person can be deprived by law provided the procedure prescribed by that law is reasonable, fair, just and not arbitrary, fanciful or oppressive. The procedure should confirm the principle of natural justice. Thus, protection under article 21 should be available not only against arbitrary executive action but also against arbitrary legislative action. The Court further held that the right to life under article 21 is not merely confined to animal existence or survival but it includes the right to live with human dignity and all those aspects of life which go to make a man’s life meaningful, complete and worth living. 

6. Article 22 grants protection against arbitrary arrest. The detenu must be informed of the grounds of arrest. He should have the right to consult and get defended by the legal practitioner. He must be produced before the magistrate within 24 hours excluding the journey time. He must be released within 24 hours unless the magistrate authorises further detention. The second part of the article contains preventive detention whereby any person can be detained for three months without producing before the magistrate. The detention period can be increased further after the endorsement of two member committees of High Court judges up to one year. Parliament has the power to extend the period of detention indefinitely. But this preventive detention provision is not self executory. Parliament will have to pass separate laws to enforce preventive detention. For example, it passed the National Security Act (NSA), Maintenance of Internal Security Act (MISA), Unlawful Activities Prevention Act (UAPA) etc. 


What is the right to freedom of speech and expression?

1. It means that every citizen has the right to express his/her views, opinions, beliefs and convictions by words, writing, painting, signs, engraving or in any other manner. 

2. According to Supreme Court, the freedom of speech and expression include : 

  • Freedom of the press

  • Freedom of commercial advertisement 

  • Right to telecast

  • Right to propagate one's view

  • Right against tapping of telephoning conversation

  • Right against Bandh called by political party

  • Right to know about government activity

  • Right against imposition of pre censorship of newspaper

  • Right to demonstration and picketing but not right to strike

  • Right of voters to know the antecedents of the candidates contesting elections.

  • Right to choose medium of instruction at the primary level

  • Right to express gender identity

  • Right to reply the criticism

  • Right to post informational videos on the internet and social media

  • Right of film makers to exhibit their films

  • Right to have access to the internet to disseminate information

  • Right to the freedom of silence 


What are the reasonable restrictions?

1. Right to freedom of speech and expression is subject to reasonable restrictions. They are not absolute. While in the USA, courts determine what constitutes reasonable restriction on the fundamental rights to freedom of speech and expression on a case to case basis. 

2.Our constitution has explicit provision with regard to reasonable restrictions and so the state can impose restrictions upon the right to freedom of speech and expression on the following grounds. These are 

  • Sovereignty and integrity of India

  • Security of the state

  • Friendly relations with foreign states

  • Public order

  • Decency and morality

  • Contempt of court

  • Defamation

  • Incitement to an offence


The role of the Supreme Court to uphold the right to the freedom of speech and expression.

1. The Supreme Court of India acted as a bulwark to safeguard the right to freedom of speech and expression by delivering various judgements. These are : 

  • Romesh Thapar vs State of Madras (1950), the court held that freedom of speech and expression is essential for democracy. The ban on the entry and circulation of a magazine was struck down as unconstitutional.

  • In the case of Shreya Singhal vs Union of India, the Supreme Court struck down section 66 A of the Information Technology Act as unconstitutional because it was vague and violated free speech. 

  • In the Maneka Gandhi vs Union of India (1978), the Court broadened the interpretation of personal liberty to include freedom of speech. 

  • In the case of Indian Express newspapers vs Union of India (1985), the Supreme Court ruled that freedom of the press is implicit in the article 19 (1) a, thereby strengthening economic independence of the press. 

  • In the case of S Rangrajan vs P Jagjivan Ram, the Supreme Court held that freedom of speech cannot be suppressed merely because the views are unpalatable to somebody. It asserted that there must be a direct connection between the speech and public disorder.

  • In the case of Anuradha Basin vs Union of India (2020), the Supreme Court held that freedom of speech  through the internet is a fundamental right and that any curtailment must follow proportionality. It establishes that indefinite suspension of internet services violates free speech. 

2. According to DD Basu, The Supreme Court has held that in examining the reasonableness of the statutory provision, whether it violated the fundamental rights guaranteed under article 19, one has to keep in mind: 

  • The Directive Principles of State Policy 

  • Restrictions must not be arbitrary or of an excessive nature, going beyond the requirement of the interest of the general public. 

  • No abstract or general pattern to judge the reasonableness of the restrictions can be laid down so as to be of universal application and the same will vary from case to case as also with regard to changing conditions, values of human life, social philosophy of the constitution, prevailing conditions and surrounding circumstances. 

  • A just balance has to be struck between the restriction imposed and social control envisaged by the article 19 (6) [Article 19 (6) stipulates that a state can make rules with regard to professional and technical qualification necessary for practicing any profession or carrying on any occupation, trade or business). Secondly, the state can also carry on trade, business, industry or service  to the complete or partial exclusion of citizens.] 

  • Prevailing social values as also social needs which are intended to be satisfied by the restrictions.

  • There must be a direct and proximate nexus or reasonable connection between the restriction imposed and the objects sought to be achieved by the Act, that being so strong presumption in favour of the constitutionality of the Act will naturally arise. 

  • Thus, the question of reasonableness should be determined from both the substantive and procedural stand points. In order to be reasonable, the restriction must not be greater than the mischief to be prevented. Legislation which arbitrarily or excessively invades the right cannot be said to contain the quality of reasonableness. Secondly, in order to be reasonable the procedure or manner of imposition of the restriction must also be fair and just. Thus, if a restriction is imposed in a manner which violates the principle of natural justice, it would be called unreasonable restriction. 



Ways Forward 

1. To ensure a robust freedom of speech and expression in India it is essential to address both legal and societal challenges. These are 

  • Decriminalising defamation - while criminal defamation should be abolished, civil defamation should continue to balance protection to reputation without curbing freedom of speech and expression. 

  • A firm guidelines on arbitrary internet shutdown should be issued. A parliamentary committee should oversee and monitor shutdowns.

  • Implementing data protection law with secure digital freedom and prevention of surveillance. 

  • Promoting tolerance and inclusivity through making people aware of constitutional rights and respectful dissent.

  • Hate speech delivered by politicians must be dealt with.

  • A permanent parliamentary committee should be formed to assess the misuse of the right to freedom of speech and expression.

  • India should borrow best practices with regard to freedom of speech and expression from developed countries of the world. 


Conclusion

1. There is a need to balance individual rights with societal harmony. 

2. Social control is necessary, otherwise, the unbridled freedom of speech and expression would lead to anarchy and security threat to India. 

3. To sum up , the right to freedom of speech and expression is the cornerstone of a vibrant democracy. 


What is the new tariff policy of the United States announced on 2nd April 2025? How would it impact the world as well as the Indian economy?

Why is it in the news?  1. On 2nd April 2025, The US President Donald Trump announced a comprehensive tariff policy. He imposed a baseline 1...