Supreme Court Constitution Bench to examine freedom of speech of Minister
Supreme Court Constitution Bench to examine if greater restrictions can be imposed on freedom of speech of Ministers
To frame general guidelines in “thin air” to restrict government Ministers, MPs, MLA or public leaders, including political party presidents, from making unguarded, derogatory and hurtful statements in public may prove “difficult”, a Constitution Bench prima facie said.
The oral observation came from a Constitution Bench led by Justice S. Abdul Nazeer while hearing a reference on the question whether the right to free speech and expression of high public functionaries require “greater restrictions”.
“Can we lay down some central guidelines without examining the factual background? We cannot decide this question in thin air. We need to decide this on a case-to-case basis,” Justice Nazeer said.
Justice B.V. Nagarathna said “reasonable restrictions” on the right to free speech under Article 19(1)(a) were already there under Article 19(2) of the Constitution. The judge asked whether it was right on the part of the court to impose a further law on free speech over and above the restrictions already imposed under Article 19(2). There are other remedies already available like civil/criminal injunctions, torts, general laws, etc.
Advocate Kaleeswaram Raj, for petitioner Joseph Shine, who has moved against comments made by Kerala minister M.M. Mani, agreed that such a judicially-imposed restriction over and above Article 19(2) may not be impermissible.
Solicitor General Tushar Mehta accepted that a public functionary should be more guarded in speech than an ordinary person. “But judicially demarcating the threshold may likely prove difficult,” he said.
Justice B.R. Gavai, on the Bench, agreed, saying that such restrictions should be considered only on the individual facts of each case. The court decided to examine the question on November 15.
The reference to a Constitution Bench was made two years ago in April 2017. It sprouted from a petition filed by the family members of the Bulandshahr rape case victim against a former Minister’s public statements that the rape case was part of a political conspiracy against the then Akhilesh Yadav government.
The Minister subsequently apologised unconditionally in the apex court. But the court had decided to examine the question of imposing curbs on the free speech of public functionaries in sensitive matters.
Attorney General K.K. Venugopal had at the time flagged issues which the Constitution Bench ought to consider, including whether reasonable restrictions under Article19(2) should be expanded or not.
The Attorney General had said the Bench should further answer whether private persons and corporations could be held liable for violating Article 21.
The case had initially been taken up by another Constitution Bench, but the hearing was left incomplete. Justice Arun Mishra (now retired), who had led the earlier Constitution Bench, had, in a hearing in 2019, said both free speech and right to life were equally important.
Please note that under 66A of the IT Act, sending offensive or menacing messages through electronic communication service and sending false messages to cheat, mislead or deceive people or to cause annoyance to them is punishable. It is obligatory on kemmannu.com to provide the IP address and other details of senders of such comments, to the authority concerned upon request. Hence, sending offensive comments using kemmannu.com will be purely at your own risk, and in no way will Kemmannu.com be held responsible.
Similarly, Kemmannu.com reserves the right to edit / block / delete the messages without notice any content received from readers.
Rozaricho Gaanch April, 2024 - Ester issue
Final Journey Of Theresa D’Souza (79 years) | LIVE From Kemmannu | Udupi |
Invest Smart and Earn Big!
Creating a World of Peaceful Stay!
For the Future Perfect Life that you Deserve! Contact : Rohan Corporation, Mangalore.
Final Journey Of Joe Victor Lewis (46 years) | LIVE From Kemmannu | Organ Donor | Udupi |
Milagres Cathedral, Kallianpur, Udupi - Parish Bulletin - Feb 2024 Issue
Easter Vigil 2024 | Holy Saturday | St. Theresa’s Church, Kemmannu, Udupi | LIVE
Way Of Cross on Good Friday 2024 | Live From | St. Theresa’s Church, Kemmannu, Udupi | LIVE
Good Friday 2024 | St. Theresa’s Church, Kemmannu | LIVE | Udupi
2 BHK Flat for sale on the 6th floor of Eden Heritage, Santhekatte, Kallianpur, Udupi
Maundy Thursday 2024 | LIVE From St. Theresa’s Church, Kemmannu | Udupi |
Kemmennu for sale 1 BHK 628 sqft, Air Conditioned flat
Symphony98 Releases Soul-Stirring Rendition of Lenten Hymn "Khursa Thain"
Palm Sunday 2024 at St. Theresa’s Church, Kemmannu | LIVE
Final Journey of Patrick Oliveira (83 years) || LIVE From Kemmannu
Carmel School Science Exhibition Day || Kmmannu Channel
Final Journey of Prakash Crasta | LIVE From Kemmannu || Kemmannu Channel
ಪ್ರಗತಿ ಮಹಿಳಾ ಮಹಾ ಸಂಘ | ಸ್ತ್ರೀಯಾಂಚ್ಯಾ ದಿಸಾಚೊ ಸಂಭ್ರಮ್ 2024 || ಸಾಸ್ತಾನ್ ಘಟಕ್
Valentine’s Day Special❤️||Multi-lingual Covers || Symphony98 From Kemmannu
Rozaricho Gaanch December 2023 issue, Mount Rosary Church Santhekatte Kallianpur, Udupi
An Ernest Appeal From Milagres Cathedral, Kallianpur, Diocese of Udupi
Diocese of Udupi - Uzvd Decennial Special Issue
Final Journey Of Canute Pinto (52 years) | LIVE From Mount Rosary Church | Kallianpura | Udupi
Earth Angels Anniversary | Comedy Show 2024 | Live From St. Theresa’s Church | Kemmannu | Udupi
Confraternity Sunday | St. Theresa’s Church, Kemmannu
Kemmannu Cricket Match 2024 | LIVE from Kemmannu
Naturya - Taste of Namma Udupi - Order NOW
New Management takes over Bannur Mutton, Santhekatte, Kallianpur. Visit us and feel the difference.
Focus Studio, Near Hotel Kidiyoor, Udupi
Earth Angels - Kemmannu Since 2023
Kemmannu Channel - Ktv Live Stream - To Book - Contact Here
Click here for Kemmannu Knn Facebook Link