under Part-III of the Constitution.
There is a presumption in
favour of the constitutionality of an enactment.
Further, the
Court would so construe a statute to make it workable and in
doing so can read into it or read down the provisions that are
impugned.
The Constitution does not impose impossible
standards of determining validity. Mere possibility of abuse of a
provision cannot be a ground to declare a provision invalid.
Loose language may have been used in Section 66A to deal
with novel methods of disturbing other people’s rights by using
the internet as a tool to do so. Further, vagueness is not a
ground to declare a statute unconstitutional if the statute is
otherwise legislatively competent and non-arbitrary. He cited a
large number of judgments before us both from this Court and
from overseas to buttress his submissions.
Freedom of Speech and Expression
Article 19(1)(a) of the Constitution of India states as follows:
“Article 19. Protection of certain rights
regarding freedom of speech, etc.—(1) All
citizens shall have the right—
(a) to freedom of speech and expression;”
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