Additional Restrictions Cannot Be Imposed On A Citizen's Right To Free Speech: Supreme Court Bench

NEW DELHI: A five-judge Constitution bench of the SC, headed by Justice S A Nazeer, said that no additional restrictions can be imposed on the right to free speech of a citizen, other than those prescribed under Article 19 (2) of the Constitution. The justices of the apex court observed that the restrictions under Article 19(2) are exhaustive.

A five-judge Constitution bench of the Supreme Court on Tuesday also observed that a minister is liable for his own statement and it cannot be attributed indirectly to the government even when the principle of collective responsibility is applied.

"Fundamental right under Article 19(1)(a) can be exercised even against other instrumentalities other than the state," the bench, also comprising Justices B R Gavai, A S Bopanna, V Ramasubramanian, said.

Justices S Abdul Nazeer, B R Gavai, A S Bopanna, V Ramasubramanian and B V Nagarathna said that the minister is liable for the statement himself.

Continuing her dissenting observations, Justice B V Nagarathna, of the same bench, said freedom of speech and expression is a much needed right, while writing a separate judgement on the matter.

Justice B V Nagarathna, who was also part of the bench, in a separate judgement said freedom of speech and expression is a much needed right to enable citizens to be well informed and educated on governance.

She said foundational values are affected by hate speech, by making society unequal and that it also attacks citizens from diverse backgrounds in a country like 'Bharat'."

The judgement came on a question of whether a public functionary's right to freedom of speech and expression can be restricted.

Justice Nagarathna had written a dissenting view on whether the 2016 demonetisation is valid and said she had a different approach to the issue of free speech, especially regarding statements made by ministers and politicians.

She said hate speech has the propensity to strike at the root of equality and fraternity, adding that fundamental duties is a means to check disparaging speeches, while promoting harmony among citizens,.

She said that unless the government has made public its views opposed to that of a minister, the minister's statement then it can be indirectly attributed to the government.

"Parliament may enact a law against hate speeches and disparaging remarks against fellow citizens. It is for political parties to control their members not to cross limits of free speech. Citizens can approach court against hate speech by fling criminal or civil cases," she added.

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