Gag Orders in India: Judicial Discretion vs Constitutional Freedoms

Author(s)	Ms. Ayushi Mishra, Prof. Sneha Dhillon
Country	India
Abstract	Gag orders lie at the centre of a critical constitutional tension in India—balancing judicial discretion with the citizen’s right to freedom of speech. While such orders are framed as safeguards of fair trial and judicial integrity, they increasingly operate as tools of suppression, especially in the age of digital media. This paper interrogates the legal foundations, judicial trends and philosophical implications of gag orders. Through a detailed examination of constitutional jurisprudence and the Ranveer Allahbadia case, it argues for codified limits on judicial discretion that preserve democratic values without compromising justice.
Keywords	Gag order, speech and expression, reasonable restrictions, media trials, judicial overreach, fundamental right ,digital silencing
Published In	Volume 7, Issue 3, May-June 2025
Published On	2025-06-30

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