Additional Restrictions Not Found In Article 19(2) Cannot Be Imposed On Right To Free Speech : Supreme Court
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additional restrictions, not found in Article 19(2), cannot be imposed on the exercise of right to free speech under Article 19(1)(a) of Ministers, MPs and MLAs It held that the grounds mentioned in Article 19(2) for restricting free speech are exhaustive statements made by Minister, even if traceab
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- additional restrictions, not found in Article 19(2), cannot be imposed on the exercise of right to free speech under Article 19(1)(a) of Ministers, MPs and MLAs
- It held that the grounds mentioned in Article 19(2) for restricting free speech are exhaustive
- statements made by Minister, even if traceable to any affairs of state or protecting the govt, cannot be attributed vicariously to the govt even applying the principle of collective responsibility.
- greater restriction cannot be imposed on free speech, in addition to grounds under Article 19(2)
- However, she observed that in case a Minister makes disparaging statements in his "official capacity", then such statements can be vicariously attributed to the govt. However, if the statements of the Ministers are stray remarks not consistent with stand of govt then it would be treated as personal remark
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