Center has said that no right, including fundamental right, is absolute in the WhatsApp suit.
I know that Congress would jump like a cat whose tail has been cut.
Lest they do so, let me remind that this amendment to the constitution, to restrict the scope of fundamental rights, was first introduced in Parliament by none other than Pt.Nehru on 10 May 1951 and it was made into a law on 18 June 1951.
Nehru amended Article 19(1)a of the constitution to limit “abuse of freedom of speech and expression” as a result of “Romesh Thappar vs The State Of Madras” case of 26 May 1950.Nehru said freedom of expression is subject to ‘reasonable restriction’ and passed the amendment. And he did the right thing.
Shyama Prasad Mukherjee, the then Jan Sangh leader said, “Maybe you will continue for eternity, in the next generation, for generations unborn; that is quite possible. But supposing some other party comes into authority? What is the precedent you are laying down?”
Mukherjee was prophetic. What he said in 1950 has turned true now. What Nehru initiated, Modi follows. So, nothing unconstitutional about it. If this move is unconstitutional, then let us begin with first amendment.
Additional protection to Modi govt’s action is that while Panditji amended the constitution to expressly restrict freedom of expression of the media, Modi is doing this, on the orders of a lower Court, only on intermediaries and not on the media.
If you know some Congress spokesperson worth the name, let him know this.