Statement made by a minister cannot be attributed vicariously to govt: SC
PTI, Jan 3, 2023, 11:27 AM IST
New Delhi: A statement made by a minister cannot be attributed vicariously to the government even when applying the principle of collective responsibility, the Supreme Court said on Tuesday.
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.
”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’.” The judgement came on a question of whether restrictions can be imposed on a public functionary’s right to freedom of speech and expression.
Udayavani is now on Telegram. Click here to join our channel and stay updated with the latest news.
Top News
Related Articles More
BJP indulging in tax terrorism; exemplary action will be taken after change of govt: Rahul Gandhi
BJP misusing agencies to subvert democracy, belittle Constitution: Kharge
Fresh I-T notices to Cong: Party to hold nationwide protests over weekend against ‘tax terrorism’
Rahul, Kharge, Pawar, Akhilesh among INDIA bloc leaders to join AAP rally at Ramleela ground
No rebellion, but there can be friendly fights: Pappu Yadav
MUST WATCH
Latest Additions
Will decide future course of action after discussing with supporters: Sumalatha Ambareesh
IPL 2024: Kolkata Knight Riders ask Royal Challengers Bengaluru to bat
BJP indulging in tax terrorism; exemplary action will be taken after change of govt: Rahul Gandhi
Block it out, it’s all irrelevant: Smith on Hardik facing boos
JD(S) announces candidates for Lok Sabha elections