Supreme Court on the Right to Free Speech of Parliamentarians

Supreme Court on the Right to Free Speech :-

In a breakthrough judgment today, the 3rd of January, 2023 (Tuesday), in the case of Kaushal Kishore v. State of U.P. and Ors., a Constitution Bench of the Supreme Court comprising judges S Abdul Nazeer J., B V Nagarathna J., B R Gavai J., A S Bopanna J. and V Ramasubramanian J., has declared that the special right to free speech given to Government dignitaries such as parliamentarians is protected from all the exceptions to the Right to Free Speech under Article 19(2) of the Indian Constitution. The Supreme Court emphasized on this matter by a whopping 4:1 majority. Supreme Court on the Right to Free Speech Significance of the Constitutional Bench Under Article 145(3) of the Indian Constitution, cases which involve a question of law which is of substantial importance for the whole country must be heard by a Constitution Bench of the Supreme Court. A Constitution Bench comprises at least 5 honorable judges of the Supreme Court. Most of the cases which are covered under this ambit relate to interpretation of the Constitution and other primary statutory laws with reference to Constitutional standards. In the present case, a substantial question was involved regarding the fundamental rights of citizens and interpretation of Article 19(2) of the Constitution and hence, it was essential that a Constitution Bench would be constituted under Article 145(3). Supreme Court on the Right to Free Speech--Supreme Court on the Right to Free Speech Interpretation of Law by the Supreme Court The Court also laid down that the list of situations in Article 19(2) in which the Right to Free Speech can be curtailed by the laws such as in the “interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offense”, is an exhaustive list and no more items or situations can be added by way of judicial interpretation by the Supreme Court in order to bring the Right to Free Speech of Parliamentarians within its purview. Supreme Court on the Right to Free Speech-Supreme Court on the Right to Free Speech Few more points which have been clarified by the Court in the application of laws are as follows:

1. If a parliamentarian makes any statement which is not coherent with the policies or the stand of the Government, it will be considered as his/her personal remark.
2. A mere statement of a parliamentarian which breaches a fundamental right of any citizen does not lead to a Constitutional Tort being caused upon which action can be taken by the Court.
3. If the statement by a Parliamentarian violates the fundamental right of any citizen and also leads to the occurrence of an offense, it will be considered a Constitutional Tort. The statement and offense must have a direct causal connection. An example can be drawn from the Nupur Sharma Controversy where her statements showing hateful religious inclination caused violent protests throughout the country.

Why is an Unfettered Right to Free Speech essential for Parliamentarians? Parliamentarians are deemed as the voice of the nation since in a democracy, the voices of huge masses are streamlined and channelised through the voice of their elected representatives. While policies are being made in the process of legislation, it is important that there are no barriers in expression and communication. Hence, the right to free speech of Parliamentarians ought to be unfettered.