On Article 19: Freedom of Speech by Mr. Darius Khambata, Senior Counsel, Former Advocate General of Maharashtra &Former Additional Solicitor General of India
In continuation of the idea of this series which takes up specific provisions of the Constitution of India, this talk focuses on Article 19 contained in Part III which lays out several fundamental rights and, in particular, the right of freedom of speech and expression. It will record the history of this right and examine the ways in which executive and judicial interventions have over time altered and interpreted the provisions contained therein. The talk examines in a comparative perspective why in democratic societies it is important toconstantly defend and assert this right. In the context of charting the time-line of legislation and court pronouncements on this right, the talk will discuss laws of contempt, sedition, censorship andprivacy.
About the Speaker:
Darius J. Khambata, Senior Counsel, LL.M. (Harvard), practices before the Bombay High Court and the Supreme Court of India. He has held two distinguished public law offices: he was the Advocate General for Maharashtra from 2012 to 2014; before that he was Additional Solicitor General of India for three years.On his tenure as Advocate General coming to an end in November 2014, the newly constituted StateCabinet recorded ?its highest appreciation of the meritorious and distinguished service? rendered by him. He has appeared in several important constitutional, corporate and commercial matters and in significant and high stakes domestic and international commercial arbitrations. He has significant expertise in securities, arbitration, corporate, constitutional, administrative and environmental law.He was a member of the Securities and Exchange Board of India (SEBI) Committee to recommend newinsider trading regulations and of the Law Commission of India?s Committee that recommended substantial amendments to Indian arbitration law. He is a member of SEBI?s Takeover Panel. He was a Vice-President of the London Court of International Arbitration and is currently a member of the Court of the Singapore International Arbitration Centre. He is also a Trustee of the M.C. Chagla Memorial Trust, the H.M. Seervai Memorial Trust and the Sir Dorabji Tata Trust.