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The legitimacy of Indian courts is something only Indian citizens and people living in India can decide. Other people may have opinions, but they are more or less irrelevant.

Anyway, the fundamental issue here is that domestic rulings often have international consequences. As a sovereign state, India obviously has the right to ban the Wikimedia Foundation, or any other foreign entity, from doing business within the county. That right is an essential aspect of sovereignty. If they don't like you, they can ban you. But if the Wikimedia Foundation values access to India more than their right to host a particular article, they may choose to comply with the demands of an Indian court, even in matters where the court does not have jurisdiction. And that compliance would technically be voluntary.



> India obviously has the right to ban the Wikimedia Foundation

I don’t think that’s obvious at all. In the US, constitutional rights to freedom of speech, assembly, etc apply regardless of nationality or citizenship status.


You are placing too much weight on constitutions. They are just temporary documents a sovereign state can rewrite at any time for any reason. Either by the process established in the existing constitution. Or by having a civil war or a revolution, with the winners deciding that the old constitution is void, because its supporters lost.


I think there’s a difference between human rights and legal rights. For instance people in North Korea have a right to freedom of thought, all people everywhere do, but that doesn’t mean their government recognises that right, or that they have the legal right. India, mind you, doesn’t have the legal right to block me from viewing this Wikipedia article in Australia, but it seems like they have the ability to do so.

I guess ultimately this comes down to whether you believe a government and the rights it enforces is legitimate because it has the biggest guns, or because that government was decided by the people, or the legitimacy is determined by the ethics of the government etc


> As a sovereign state, India obviously has the right to ban the Wikimedia Foundation, or any other foreign entity, from doing business within the county

I fundamentally disagree. The Indian State exists to serve its citizens, which are benefitted unambiguous by a free and unconstrained source like Wikipedia. The sovereignty of any state is subject to the benefit of its citizens, not the other way around.

That doesn't mean they won't try anyway, but let us not confuse what is technically or politically feasible with what is moral.


That's something only Indian citizens and people living in India can decide. Outsiders may have opinions, but they cannot override the will of the people who have a legitimate standing in the matters of the state.

And note how I included "people living in India" here. Legitimacy is a fuzzy concept. Citizenship is a legal category, and it should not matter for legitimacy as such. But it is widely accepted that citizens living outside their country still have a legitimate standing in the matters of the country. But beyond that, a legitimate government should serve the interests of the people factually living within the country. India does not have a large non-citizen population, and the distinction is mostly irrelevant with them. But some other countries do. If their governments only serve the interests of their citizens, they are fundamentally illegitimate.


Indian state can do what it feels correct. If Indian citizens disagree, then they can use the judicial system to compel the court to revert the decision in greater national interest (maybe ban that specific page being accessed from India). All, people, govt, ANI, Wikipedia, the editors of the page should feel that injustice is not being done to them.


> they can use the judicial system to compel the court to revert the decision in greater national interest

I'm skeptical that a government already exercising authoritarianism would give ear to the will of the people.




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