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Context: The Central government has agreed to restore the Internet in two districts on a trial basis. While this is a welcome step, the fundamental rights of the people of J&K will truly only have meaning if the Supreme Court maintains this stern approach and assesses the proportionality of the State’s restrictions.
Right of judicial review
Two arguments have been advanced to justify the Court’s deferential approach. However, both are unsustainable.
The four-step test
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