Days ago, a petition was filed in the Kerala High Court to remove the photo of Prime Minister Narendra Modi from the certificates of Covid-19 vaccination.
The Kerala High Court has said that it is not a fundamental right of citizens to question the government to remove the picture of Prime Minister Narendra Modi from the Covid-19 vaccination certificates.
The appeal against the order of the single judge was being considered by a division bench of Chief Justice S Manikumar and Justice Shaji P Chali, which had to declare the PIL dismissed, seeking approval of the Prime Minister from the certificates issued for vaccination. The photograph was sought to be removed, the petitioner contending that it violates the freedom of speech and expression guaranteed under Article 19(1)(a) of their Constitution. But, the court disagreed and dismissed the appeal as it held that the claim of the petitioner would not be protected from his fundamental rights.
“However, a citizen has no right to ask the Government of India to remove the inscription and photograph of the Prime Minister from the certificate exercising the rights under the said article, because according to us such a claim has never been envisaged as a fundamental right.”
This is the basic reason why such a course is adopted by the Government of India to attract the attention of the citizens and motivate the people to cooperate with the government, and thereby to ensure that the maximum number of civilian fatalities Vaccines to avoid. It further observed that the Government has powers under Article 73 to issue executive orders in the matter of administration of the nation to adopt and envisage suitable policies to meet the needs of the times.
The court said, “An elected government which seeks to establish a democratic system has got its operational liberty to discharge its functions without seriously infringing upon the fundamental rights given to the citizens of the country.”
Therefore, the appeal was dismissed “We do not think that the Prime Minister of India needs any advertisement other than occupying the office of the Prime Minister of India and making his presence felt on several hundreds of platforms in the country and abroad.” It is a false argument that it will attract voters. Because vaccination certificate is downloaded by anyone, and to think that it will bring big publicity to limit a particular person is wrong.
Also, the Court concurred with the single-judge that once the elected body comes to power in Parliament, with the mandate of the electorate, it is entitled, as a matter of right, to continue the administration of the nation by making appropriate policies. Is. Which is convenient and nation-friendly, keeping in mind the larger public interest.
The court submitted that it is a fundamental right to say that it is not a fundamental right of any person, who should question the Government of India, but a fundamental right enjoyed by the large public, urgently a matter of concern in a situation like the COVID 19 pandemic. Can be made. A person’s right based on guaranteed fundamental rights under Part III of the Constitution of India is subject to the wider public interest when an unsettled situation has engulfed the country and the whole world.
Considering all these factors, the petitioner dismissed the appeal against the decision of the Single-Judge Bench.
The Division Bench upheld the Single-Judge decision, but considering the financial constraints thrown by the pandemic, the Division Bench reduced the cost imposed by the Single-Judge from *1 lakh to €25,000 with caution to the appellant that In future he should not venture to file unwanted.
In the end, the court said that such frivolous petitions waste the time of the court.