New Delhi: The decision of the Supreme Court has come regarding the freedom of speech of people sitting on public posts. On this matter, the Supreme Court says that apart from the restrictions prescribed under Article 19(2) of the Constitution, no additional restrictions can be imposed on a citizen under the right to freedom of speech and expression. The SC further said that the government cannot be held responsible for the statement made by a minister.
According to Live Law, while giving the verdict on this matter, Justice BV Nagarathna said that for a country like ours which is a parliamentary democracy, freedom of speech is an essential right to ensure a healthy democracy. Also, information is given about the rights and duties of the citizens in the country.
The constitution bench of five judges says that the minister himself is responsible for any statement. Justice BV Nagaratna agreed with Justice Ramasubramaniam that freedom of expression cannot be further restricted except on the grounds under Article 19(2). Justice Nagaratna further said that fundamental rights under Articles 19(1)(a) and 21 cannot be applied horizontally in constitutional courts. But common legal remedies are available.
Justice B.V. Nagaratna further said that people sitting on constitutional posts themselves need to self-inspect what message they are giving to the public. It is up to the party to control the speeches given by its ministers which can be done by making a code of conduct. Any citizen who feels aggrieved by such speeches made or use of hate speech by people holding public positions can approach the court.
