NEW DELHI: The Supreme Court on Tuesday declared that no additional restriction can be imposed on the right to free speech of a citizen as the reasonable restrictions prescribed under Article 19(2) of the Constitution are exhaustive.
A Constitution bench of Justices S A Nazeer, B R Gavai, A S Bopanna, V Ramasubramanian, and B V Nagarathna, delivered the verdict on a reference.
Justice Nagarathna delivered a separate judgment, saying hate speech strikes at the root of equality and fraternity and fundamental duties could be used to check disparaging speeches and promote harmony among citizens.
"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," Justice Nagarathna said.
Reading the majority judgement, Justice Ramasubramanian said no additional restriction against free speech under Article 19(1)(a) can be imposed except those mentioned under the Article 19(2) of the Constitution.
The top court also said a minister's statement can't be vicariously attributed to the government as per the principle of collective responsibility and the minister is liable for the statement himself.
According to Article 19(2) of Constitution, the State can impose reasonable restrictions on the exercise of the right of free speech in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.
A three-judge bench had on October 5, 2017 referred the matter to the Constitution bench to adjudicate various issues including whether a public functionary or a minister can claim freedom of speech while expressing views in sensitive matters which are under investigation.
A man, whose wife and daughter were allegedly gang-raped in July, 2016 on a highway near Bulandshahr, sought transfer of the case to Delhi and lodging of an FIR against Azam Khan for his controversial statement.
Khan had attributed motives to the victims in Bulandshahr gang rape case. However, he had subsequently apologised.
