PTIThe Supreme Court on Tuesday said that statements made by a minister cannot be attributed vicariously to the government even when applying the principle of collective responsibility.
A five-judge Constitution bench headed by Justice S A Nazeer said no additional restrictions against free speech can be imposed except those mentioned under Article 19(2) of the Constitution, news agency PTI reported.
The judgment came on a question of whether restrictions can be imposed on a public functionary's right to freedom of speech and expression.
"Statement made by a minister even if traceable to any affairs of state or protecting the government cannot be attributed vicariously to the government even applying the principle of collective responsibility.
"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.
Justice B V Nagarathna, who was also part of the bench, wrote a separate judgement and said freedom of speech and expression is a much-needed right so that citizens are well informed and educated on governance.
She said hate speech strikes at the foundational values by making society unequal and also attacks citizens from diverse backgrounds especially "in a country like us that is 'Bharat'."
Justice BV Nagarathna in a separate judgement says that it is for parliament in its wisdom to enact a law to restrain public functionaries from making disparaging remarks against fellow citizens.
(With PTI & ANI inputs)
A five-judge Constitution bench headed by Justice S A Nazeer said no additional restrictions against free speech can be imposed except those mentioned under Article 19(2) of the Constitution, news agency PTI reported.
The judgment came on a question of whether restrictions can be imposed on a public functionary's right to freedom of speech and expression.
"It is for political parties to control speeches made by their ministers which can be done by forming a code of conduct. Any citizen who feels attacked by such speeches or hate speech by public functionary can approach court for civil remedies"
"Statement made by a minister even if traceable to any affairs of state or protecting the government cannot be attributed vicariously to the government even applying the principle of collective responsibility.
"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.
Justice B V Nagarathna, who was also part of the bench, wrote a separate judgement and said freedom of speech and expression is a much-needed right so that citizens are well informed and educated on governance.
She said hate speech strikes at the foundational values by making society unequal and also attacks citizens from diverse backgrounds especially "in a country like us that is 'Bharat'."
Justice BV Nagarathna in a separate judgement says that it is for parliament in its wisdom to enact a law to restrain public functionaries from making disparaging remarks against fellow citizens.
(With PTI & ANI inputs)
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