Net neutrality creates rules of the road for a free

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Net neutrality creates rules of the road for a free and open Internet. It requires that barriers should not be created by telecom and Internet service providers for user choice by limiting their power to discriminate between content providers and different classes of content. Through binding rules and regulations, the power of access providers to selectively price or create technical imbalances is corrected. TRAI in its recommendations on Net neutrality has suggested amendments to the various classes of telecom and Internet licences to have an express recognition of a non-discriminatory principle for Internet content. Such recommendations set a broad rule with tailored exceptions that are conditioned on touchstones of reasonableness. Beyond equality and reasonableness, which may seem evocative though fuzzy principles, a more tangible appreciation of Net neutrality is immediately felt on our liberty. The Internet today affords millions of Indians with an immediate audience without the traditional costs of distribution. Tinkering with its character, or carving it up in slices as would happen in the absence of Net neutrality, would fragment its community and the diversity of choice offered by it. This would impact both the right to speak and the ability to receive knowledge, hence impacting our right to freedom of speech and expression. The concepts of equality, reasonableness and liberty which underpin the social contract which gives rise to the Indian Constitution are not mere black letters of the law. They are more than mere limitations on state power in favour of individuals. By themselves, they are at their very best when they are put into motion by positive actions by regulators and governments. To achieve these objectives, there is a necessity to popularise the constitutional doctrine in ways and methods which seem immediate and cater to the daily problems of the modern world. POLITY 4. The Constitution has vested in the President the power to make appointment of judges in Supreme Court and high courts. The President is required to compulsorily consult certain authorities, including the Chief Justice of India (CJI), and, when making appointments to a high court, the chief justice of that court. The term ‘consultation’ has evolved with time. Discuss Originally, in 1977, in Sankalchand Sheth ’s case, when interpreting the word “consultation,” the Supreme Court ruled that the term can never mean “concurrence”. Hence, the CJI’s opinion, the court ruled, was not binding on the executive. But nonetheless the executive could depart from his opinion only in exceptional circumstances, and, in such cases, its decision could well be subject to the rigours of judicial review.
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6 | Page 9004418746 [email protected] In 1981, in the First Judges Case , the court once again endorsed this interpretation, albeit partly. But twelve years later, in the Second Judges Case , the court overruled its earlier decisions. It now held
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