SC to examine if free speech can be curtailed

New Delhi: The Supreme Court on Wednesday commenced hearing on the question whether a minister or a person holding a public office could be saddled with additional restrictions, beyond those provided under the Constitution, on his freedom of speech curbing him from commenting on the matters being investigated by the state agencies.

The core issue being examined by the court is whether the right conferred under Article 19(1)(a) is to be controlled singularly by the restrictions under Article 19(2) or whether Article 21 too would have any impact on it.

Addressing the question whether “reasonable restriction” spelled out under Article 19(2) could be enlarged to restrict a minister from commenting on sensitive matters being is probed by investing agencies, Attorney General K.K.Venugopal pointed to a five-judge bench about the collective responsibility of the government including for the acts of ministers.

Headed by Justice Arun Mishra, five-judge constitution bench has Justice Indira Banerjee, Justice Vineet Saran, Justice M.R.Shah and Justice S. Ravindra Bhat.

Addressing the questions to be examined in the course of the hearing, Attorney General said could State proceed against an individual on the ground that his statement violated the fundamental right to life including right to life with dignity of another individual.

Saying that freedom of speech was not “absolute”, the A-G wondered whether existing restrictions under the Article 19(2) could be expanded to introduce further restrictions on the freedom of speech of a minister.

At this Justice Mishra queried whether free speech could be restricted by invoking right to life ubnder Article 21 on the grounds that affects another persons right to lead a dignified life.

Saying that instead of introducing new restrictions on the right to free speech of a minister, Justice Bhat said that the there should be a statutory regime and recourse could be taken under Article 226 to deal with such situation.

Justice Bhat expressed reservation that even if new restrictions are introduced how they are going to be enforced.

The position articulated by the A-G on Wednesday sounded different from the stand taken by the government in 2017 when it had opposed any further restrictions on the free speech of the ministers, beyond those provided under Article 19(2).

The Centre had opposed imposing any restrictions on the public comments by politicians holding public office like ministers other than those prescribed under the constitution.