The authors in this piece argue that there is an emergence of trend by the Union Government of denying renewal of visas or out-rightly revoking visas of non-citizens without providing an opportunity of being heard, providing any reasoned order, or listing out substantial reasons for the same. The authors have also analysed the legal position under the Passports Act and provisions of the Indian Constitution guaranteeing fundamental rights in light of established judicial precedents to argue that the pattern is arbitrary and needs to be rectified.
The author in this essay has argued that the SC judgement in State of Bombay v. R.M.D. Chamarbaugwala incorrectly interpreted and applied the doctrine of Res Extra Commercium to constrict the scope of Article 19(1)(g). The essay examines how application of the instant doctrine has intertwined with the U.S. Law doctrine of police powers to have negative implications for Indian Jurisprudence.
The article brings out the inconsistency of social media self regulation by analyzing pertinent issues regarding free speech, censorship and power of tech companies over public discourse, in light of the banning of Former U.S President Donald Trump's Twitter handle. The article refers to key Constitutional principles in navigating these ambivalent issues.