Supreme Court: The Supreme Court ruled on Tuesday that ministers, MPs, and MLAs had the same rights to free speech as other citizens under Article 19(1)(a) of the Constitution, rejecting any further limitations on their ability to express themselves.
A Constitution Bench made up of Justices S. Abdul Nazeer, AS. Bopanna, BR. Gavai, V. Ramasubramanian, and BV. Nagarathna ruled that public representatives have the same rights to freedom of speech and expression as other citizens, with the exception of those set forth in Article 19(2) of the Constitution.
The Court declared “Additional restrictions not found under Article 19(2) cannot be imposed on the exercise of article 19(1)(a)…Grounds mentioned in Article 19(2) for restricting free speech are exhaustive. Additional restrictions not found in Article 19(2) cannot be imposed on the exercise of right under 19(1)(a).”
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The court ruled its decision after hearing a number of arguments regarding freedom of speech
The court handed down its decision after hearing a number of arguments regarding the extent of public officials’ freedom of speech and whether stricter limitations can be placed on it in the interest of all residents, as well as those citizens’ rights to life and personal liberty.
The top court also held that a minister’s comments against the government or its business could not be used to indirectly blame the government.
The Constitution bench ruled that it was “A mere statement by a minister inconsistent with the rights of citizen does not form to be a constitutional tort but if it leads to omission or commission of offence by a public official then it is a constitutional tort.”
Justice BV Nagarathna ruled, according to Bar and Bench, that while the right to free speech and expression is essential for ensuring that the public is well-informed and educated about government, it cannot be used as a vehicle for hate speech.
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Hate speech strikes at the foundational values by making the society unequal
She remarked, “Hate speech in the sense strikes at the foundational values by making the society unequal and also attacks citizens from diverse backgrounds especially in a country like us that is Bharat. it shall be the duty of every indian to uphold the dignity of every individual irrespective of religion, caste etc and also uphold the dignity of women.”
Following remarks made by Samajwadi Party leader Azam Khan regarding the 2016 gang rape of a young girl and her mother in Uttar Pradesh, the mention of a five-judge bench came up.
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