Why in the News?

The Supreme Court of India orally observed that political leaders and holders of high public office must foster fraternity and adhere to constitutional morality while hearing a petition alleging stigmatizing and discriminatory public statements by Chief Ministers and senior officials.

Constitutional Provisions Involved

• Preamble: Secures Justice, Liberty, Equality and Fraternity.
• Article 14: Equality before law and equal protection of laws.
• Article 19(1)(a): Freedom of speech and expression.
• Article 19(2): Reasonable restrictions on speech.
• Article 21: Protection of life and personal liberty.
• Article 51A(e): Fundamental duty to promote harmony and the spirit of common brotherhood.

Key Observations by the Court

• Political leaders must promote fraternity in a 75 plus year old democracy.
• Constitutional functionaries are not ordinary speakers as their words carry the imprimatur of the State.
• Need for restraint in communally divisive and discriminatory speeches.
• Court indicated willingness to consider guidelines, without imposing prior restraint.
• Concern over “normalisation” of constitutionally unbecoming speeches.

Important Concepts for Prelims

• Constitutional Morality: First articulated in Indian constitutional discourse in Government of NCT of Delhi v. Union of India (2018). Refers to adherence to constitutional values over majoritarian impulses.
• Fraternity: Ensures unity and integrity of the nation. Protects dignity of the individual. Linked to prevention of hate speech and social exclusion.
• Constitutional Tort: Public law remedy where State action violates fundamental rights. Compensation may be awarded for violation of rights by public authorities.

Free Speech vs. Accountability

• No prior censorship advocated.
• Focus on regulating consequences of speech when made by high public officials.
• Balancing Article 19(1)(a) with Article 14 and Article 21.

Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024

Attend Now