Supreme Court rules against imposition of additional restrictions on freedom of speech of MPs, MLAs under 19 (2) of the constitution.
The court held that “A Constitution Bench of Justices S Abdul Nazeer, AS Bopanna, BR Gavai, V Ramasubramanian and BV Nagarathna ruled that like any other citizens, no additional restrictions, other than those prescribed under Article 19(2) of the Constitution, can be imposed on a public representatives under right to freedom of speech and expression.
“Additional restrictions not found under Article 19(2) cannot be imposed on the exercise of article 19(1)(a). Grounds mentioned in Article 19(2) for restricting free speech are exhaustive. Additional restrictions not found in Article 19(2) cannot be imposed on the exercise of right under 19(1)(a)”
Justice Nagarathna wrote a separate judgement and gave dissent views on some of the issues saying “ For a country like us, freedom of speech and expression is a much -needed right so that citizens are well informed and educated on governance.”
She said that hate speech in a sense strikes at the foundational values by making the society unequal and also attacks citizens from diverse backgrounds, especially in a country like ours that is Bharat. It shall be the duty of every Indian to uphold the dignity of every individual irrespective of religion, caste etc.. and also uphold the dignity of women.”
The reference to a five-judge bench had arisen following Samajwadi Party leader Azam Khan’s remarks on a 2016 gang-rape of a minor and her mother in Uttar Pradesh.
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