Editor's Pick: No need for extra curbs on free speech of Ministers, says SC

The Supreme Court on Monday held that governments are not “vicariously liable” for remarks made by Ministers and that there is no need to place additional restrictions on their right to free speech. “A statement by a Minister, even if traceable to any affairs of the state or for protecting the government, cannot be attributed vicariously to the government by invoking the principle of collective responsibility,” Justice V. Ramasubramanian held in the main judgment of the Constitution Bench. The judgment was endorsed by Justices S. Abdul Nazeer, B.R. Gavai and A.S. Bopanna on the Bench. “No one can either be taxed or penalised for holding an opinion which is not in conformity with the constitutional values. It is only when his opinion gets translated into action and such action results in injury or harm or loss that an action in tort will lie,” Justice Ramasubramanian said. Justice B.V. Nagarathna’s views differed from those of others on the Bench. She said that if a Minister’s views are traceable to any affairs of the State, they can be linked to the government through the principle of collective responsibility, “so long as such statement represented the view of the government too”. “If such a statement is not consistent with the view of the government, then it is attributable to the Minister personally,” Justice Nagarathna added. In August 2016, the family of two gangrape survivors – a mother and her daughter – had moved the Supreme Court, alleging that their fight for justice was hindered because of the insensitivities of the police and the “outrageous” comments made by then-State Urban Development Minister and Samajwadi Party leader, Azam Khan. Mr. Khan had called the crime a “political conspiracy” against the State government. The following year, Supreme Court proposed referring to a Constitution Bench, the question of whether high functionaries like Ministers can make comments which potentially create distrust in the minds of the victims of a crime about the fairness of an investigation. A Bench led by former Chief Justice of India Dipak Misra had asked if a functionary could make personal comments which were contrary to government policy on sensitive issues, causing distress. Was this newsletter forwarded to you? Head over to our newsletter subscription page to sign up for Editor’s Pick and more. Click here. The Hindu’s Editorials Overly deferential: On Supreme Court judgment on demonetisation Slow and steady: On the return of Luiz Inácio Lula da Silva as Brazil President The Hindu’s Daily News Quiz In which State is the Parasnath Parvat located? Madhya Pradesh Chhattisgarh Gujarat Jharkhand To know the answer and to play the full quiz, click here. [logo] Editor's Pick 04 JANUARY 2023 [The Hindu logo] In the Editor's Pick newsletter, The Hindu explains why a story was important enough to be carried on the front page of today's edition of our newspaper. [Arrow]( [Open in browser]( [Mail icon]( [More newsletters]( No need for extra curbs on free speech of Ministers: Supreme Court The Supreme Court on Monday held that governments are not “vicariously liable” for remarks made by Ministers and that there is [no need to place additional restrictions]( their right to free speech. “A statement by a Minister, even if traceable to any affairs of the state or for protecting the government, cannot be attributed vicariously to the government by invoking the principle of collective responsibility,” Justice V. Ramasubramanian held in the main judgment of the Constitution Bench. The judgment was endorsed by Justices S. Abdul Nazeer, B.R. Gavai and A.S. Bopanna on the Bench. “No one can either be taxed or penalised for holding an opinion which is not in conformity with the constitutional values. It is only when his opinion gets translated into action and such action results in injury or harm or loss that an action in tort will lie,” Justice Ramasubramanian said. Justice B.V. Nagarathna’s views differed from those of others on the Bench. She said that if a Minister’s views are traceable to any affairs of the State, they can be linked to the government through the principle of collective responsibility, “so long as such statement represented the view of the government too”. “If such a statement is not consistent with the view of the government, then it is attributable to the Minister personally,” Justice Nagarathna added. In August 2016, the family of two gangrape survivors – a mother and her daughter – [had moved the Supreme Court]( alleging that their fight for justice was hindered because of the insensitivities of the police and the “outrageous” comments made by then-State Urban Development Minister and Samajwadi Party leader, Azam Khan. Mr. Khan had called the crime a “political conspiracy” against the State government. The following year, Supreme Court proposed referring to a Constitution Bench, the question of whether high functionaries like Ministers can make comments which potentially create distrust in the minds of the victims of a crime about the fairness of an investigation. A Bench led by former Chief Justice of India Dipak Misra had asked if [a functionary could make personal comments]( which were contrary to government policy on sensitive issues, causing distress. Was this newsletter forwarded to you? Head over to our newsletter subscription page to sign up for Editor’s Pick and more. [Click here.]( The Hindu’s Editorials [Arrow][Overly deferential: On Supreme Court judgment on demonetisation]( [Arrow][Slow and steady: On the return of Luiz Inácio Lula da Silva as Brazil President]( The Hindu’s Daily News Quiz In which State is the Parasnath Parvat located? - Madhya Pradesh - Chhattisgarh - Gujarat - Jharkhand To know the answer and to play the full quiz, [click here.]( Interested in daily updates from Tamil Nadu? 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