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 trace
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The Supreme Court ruled that additional restrictions, not found in Article 19(2), cannot be imposed on the right to free speech. Statements made by Ministers, even if traceable to any affairs of state or protecting the government, cannot be attributed vicariously to the government. However, if the statement leads to an act of omission or commission by officers resulting in harm or loss to a person or citizen, then it may be actionable as a constitutional tort. Justice B.V. Nagarathna noted that though fundamental rights may not be horizontally applicable in constitutional courts, common law remedies are available to citizens.
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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.
- In her dissenting opinion, Justice B.V. Nagarathna agreed that 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 statem...
- Whether a fundamental right under Articles 19 or 21 of the Constitution of India be claimed other than against the state or its instrumentalities
- "A fundamental right under Article 19 or 21 can be enforced even against persons other than the state or its instrumentalities." However, it clarified that a mere statement made by Minister inconsistent with the rights of the citizens may not be actionable as a constitutional tort. But if it leads to omission or commission of offence by a public of...
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