Highlights

  • SC judgment on freedom of speech of ministers, MPs, MLAs
  • Restrictions beyond Art 19(2) can't be imposed: top court
  • Justice Nagarathna dissents: minister's claim attributable to govt

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Supreme Court verdict on freedom of speech of ministers, MPs, MLAs: no greater restrictions

The top court said that a minister's statement cannot be attributed vicariously to the government even under the principle of collective responsibility.

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      In an important judgment regarding freedom of speech, the Supreme Court on 3 January said that restrictions beyond those mentioned in Constitution's Article 19(2) cannot be imposed on ministers, MPs, and MLAs.

      In a majority verdict by a 5-judge bench, the top court said that a minister's statement cannot be attributed vicariously to the government even under the principle of collective responsibility.

      Justice BV Nagarathna dissented, saying that the government should be vicariously liable for a minister's disparaging remarks.

      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.

      (With PTI inputs)

      Also watch: Supreme Court verdict on freedom of speech of public functionaries today

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