CLAT 2020 UG

Article 20(1) of the Indian Constitution prohibits Ex Post Facto laws. The expression Ex Post Facto Law means a law, which imposes penalties or convictions on the acts already done and increases the penalty for such acts. In other words, Ex Post Facto Law, imposes penalties retrospectively. For example, The Dowry Prohibition Act, 1961 came into force from 20.5.1961. A person guilty of accepting dowry is punishable under the Act after 20.5.1961 and not before 20.5.1961.

Ex post facto laws are of three kinds as follows:(a) A law which declared some act or omission as an offence for the first time after the completion of that act or omission. (b) A law which enhances the punishment or penalty for an offence subsequent to the commission of that offence. (c) A law which prescribes a new and different procedure for the prosecution of an offence subsequent to the commission of that offence.

Clause (1) of Art. 20 provides protection only in respect of the above first two categories of expost facto laws i.e. laws which declare acts as offences subsequent to the commission to those acts and laws which enhance the penalty subsequently.

Article 20(1) provides: No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence. The first part of clause (1) provides that no person shall be convicted of any offence except for violation of law in force at the time of the commission of the act charged as an offence. The second part of clause (1) protects a person form a penalty greater than that which he might have been subjected to at the time of the commission of the offence.

Some readers wondered whether my reading of the crisis in the news media is about journalism or about the news industry. Though the fortunes of the news industry have a bearing on journalism, there is, indeed, a difference between looking at issues that govern journalism and the factors that contribute to the financial stress of the media industry. Over the last few years, I have been discussing the impact of digitalisation on journalism. The pandemic has accelerated the process of digital transformation of the news media. Therefore, these issues need close scrutiny. One of the defining elements of analog journalism was the way two crucial functions of journalism — bearing witness and making sense — complemented each other and helped people make informed choices. When I talk about the strength of analog, I am neither romanticising the past nor am I a Luddite. Most importantly, I do not believe in nostalgia. Many scholars have established ―how rose-coloured glasses always leads to an unfair distortion — looking back on the best of the past while comparing it to the worst of the present." Hence, when I talk about the digital information news environment, I am talking about how there needs to be a conducive atmosphere for credible information to resonate with the people. Literature on misinformation, disinformation and malinformation reveals a new distinction in the minds of the citizens. Editors and journalists have to contend with a new breed of sceptics. These are the people who trust social media forwards more than evidence-based, data-driven journalism. Their confirmation bias flows from encrypted social media platforms that are full of conspiracy theories.
[Excerpt from an Article by A.S. Panneerselvan, The Hindu, dated August 10, 2020]