Supreme Court : Additional restrictions not found in Article 19(2) cannot be imposed on right to free Speech

On Tuesday, the  Supreme Court rejected the demand for any additional restrictions on the freedom of expression of public functionaries. The Supreme Court said that Ministers, MPs and MLAs enjoy the same right to freedom of expression as other citizens under Article 19 (1) (a) of the Constitution.

Supreme Court Constitution Bench comprising Justices B R Gavai, AS Bopanna, S Abdul Nazeer, V Ramasubramanian and BV  Nagarathna has held that additional restrictions, not found in Article 19(2), cannot be imposed on the exercise of right to free speech under Article 19(1)(a) of Ministers, MLAs. And MPs It held that the grounds mentioned in Article 19(2) for restricting free speech are exhaustive.

 The Statement made by any minister can’t be vicariously attributed to govt, says Supreme Court. The five-judge bench said that the minister himself is responsible for any statement.

 Judgment was delivered in a batch of pleas relating to the scope of freedom of speech of public functionaries, and whether  the greater restrictions can be imposed on their right in greater interest of  the citizens, their right to life and the personal liberty.

Supreme Court held that  the statement made by  the minister related to government or its affairs cannot be vicariously attributed to the govt.   The Court held that the right to freedom of speech and restrictions can be exercised not only against State but also against non-State actors.

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