Constitution of India — Articles 19(1)(a), 19(2) & 21 — Free speech — Statements of Ministers — Constitutional limitations — Reference on scope of restrictions, horizontal application of fundamental rights, attribution of ministerial speech and constitutional tort —
Reference to Constitution Bench on:
(i) whether restrictions on free speech are confined to Article 19(2);
(ii) whether fundamental rights are enforceable against non-State actors;
(iii) whether State has duty to protect citizens against private interference;
(iv) whether statements of Ministers are attributable to State; and
(v) whether such statements give rise to constitutional tort — Questions answered.
(Paras 1–3)
Constitution of India — Article 19(1)(a) — Freedom of speech — Article 19(2) — Exhaustiveness of restrictions —
Held, the grounds specified under Article 19(2) are exhaustive — No restriction on free speech can be imposed on grounds not enumerated therein — Courts cannot expand restrictions by invoking other fundamental rights including Article 21.
(Paras 23–28)
Constitution of India — Articles 19(1)(a) & 21 — Alleged conflict —
Held, balancing of fundamental rights does not permit creation of new restrictions on speech — Article 21 cannot be invoked to curtail freedom of speech beyond Article 19(2).
(Paras 23–28)
Constitution of India — Fundamental Rights — Horizontal application —
Held, rights under Article 19 are enforceable against the State — They are not generally enforceable against private individuals — However, Article 21 may cast a positive obligation on the State to protect life and liberty even against private actors.
(Paras 9–11)
Constitution of India — Minister — Statement — Attribution — Collective responsibility —
Held, statement made by a Minister is not ipso facto attributable to the Government — Principle of collective responsibility does not extend to individual utterances — Attribution arises only when statement is traceable to official duty.
(Question 4)
Constitution of India — Fundamental Rights — Violation — Minister’s speech —
Held, a statement by a Minister, even if offensive, does not by itself violate fundamental rights, unless it results in legally actionable injury.
(Question 5)
Constitutional Tort — State liability — Minister’s acts —
Held, State liability arises only when violation of fundamental rights is attributable to State action — Mere statements of Ministers not linked to official functions do not give rise to constitutional tort liability.
(Question 5)
RATIO DECIDENDI
The restrictions on freedom of speech are confined to those enumerated in Article 19(2) and cannot be expanded by invoking other fundamental rights; statements made by Ministers do not constitute State action or violation of fundamental rights unless attributable to official conduct causing legally recognisable injury, and therefore do not attract constitutional tort liability.
