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" ..it is unwritten rule & part of our constitutional culture that people holding public office should maintain restraint and not say things which are disparaging, and this must be inculcated in political and social set up", the Supreme Court had remarked while reserving its judgment.
A Constitution bench of the Supreme Court today ruled that no additional restrictions, other than those prescribed under Article 19(2) of the Constitution, can be imposed on the freedom of speech of MPs and MLAs and other public functionaries.
A bench led by Justice Abdul Nazeer further held that statements made by a Minister, even if traceable to any affairs of state, cannot be attributed vicariously to the government.
Justice BV Nagarathna, who was also a part of the constitution bench, though held that greater restriction cannot be imposed on free speech, she has added that in case a Minister makes disparaging statements in his "official capacity", then such statements can be vicariously attributed to the government.
In November, the Supreme Court had reserved its judgment in the pleas relating to the freedom of speech of public functionaries.
While doing so, Justice BV Nagarathna had made an observation that a constitutional restriction should be inculcated in the political society which would stop them from indulging in hate speech.
When Attorney General R Venkataramani told the court that the matter should be taken up by the Parliament for consideration, Justice Nagarathna said,
"The reason why there has been no legislation all this while because there has always been a self imposed restriction.Now the impression is that such restriction is slowly going away and that is why there is a need to look into it, this is the object of this case."
To this, the AG said, "I am not disputing that. My question is how do we address it, therefore my suggestion is that parliament should look into it if there is a need for a law.."
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