LI Network
Published on: 03rd January 2023 at 13:15 IST
Supreme Court Ruled out any additional restriction on freedom of speech of public functionaries, MPs, and MLAs enjoy freedom of speech in equal measure as other citizens under Article 19(1)(a) of the Constitution, Bar and Bench reported.
Supreme Court Constitution Bench of Justices S Abdul Nazeer, AS Bopanna, BR Gavai, V Ramasubramanian and BV Nagarathna ruled that like any other citizens, no additional restrictions, other than those prescribed under Article 19(2) of the Constitution, can be imposed on a public representatives under right to freedom of speech and expression.
Bench added, “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),”.
Supreme Court was hearing a batch of pleas relating to the scope of freedom of speech of public functionaries, and whether greater restrictions can be imposed on their right in the greater interest of citizens and their right to life and personal liberty.
The apex court also ruled that statement made by minister related to government or its affairs cannot be vicariously attributed to the government.
Supreme Court ruled, “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,”.
It is reported that, Justice BV Nagarathna in a separate judgment held while freedom of speech and expression is a much needed right so that citizens are well informed and educated on governance, it cannot turn into hate speech.
“Hate speech in the sense strikes at the foundational values by making the society unequal ands 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,” she held.