NEW DELHI, Jan 3: The Supreme Court on Tuesday said a statement made by a minister cannot be attributed vicariously to the government even when applying the principle of collective responsibility.
A five-judge Constitution bench of the Supreme Court headed by Justice S A Nazeer said that no additional restrictions, other than those prescribed under Article 19 (2) of the Constitution, can be imposed on the right to free speech of a citizen.
The apex court said the restrictions under Article 19(2) are exhaustive.
The SC also said that a minister’s statement can’t be vicariously attributed to the government.
“The minister is liable for the statement himself,” said the Justices S Abdul Nazeer, B R Gavai, A S Bopanna, V Ramasubramanian and B V Nagarathna, the latter writing a separate judgment.
“Fundamental right under Article 19(1)(a) can be exercised even against other instrumentalities other than the state,” the bench, also comprising Justices B R Gavai, A S Bopanna, V Ramasubramanian, said.
Justice B V Nagarathna, who was also part of the bench, wrote a separate judgement and said freedom of speech and expression is a much needed right so that citizens are well informed and educated on governance.
She said hate speech strikes at the foundational values by making society unequal and also attacks citizens from diverse backgrounds especially “in a country like us that is ‘Bharat’.”
The judgement came on a question of whether restrictions can be imposed on a public functionary’s right to freedom of speech and expression.
Justice Nagarathna, who wrote a dissenting view on the validity of 2016 demonetisation, said she differed in approach to the issue of free speech relating to statements made by ministers and politicians.
Hate speech strikes at the root of equality and fraternity and said fundamental duties could be used to check disparaging speeches and promote harmony among citizens, she said.
She said that if a minister makes a statement then it can be vicariously attributed to the government, unless the government has made public its views opposed to that of the minister.
“Parliament may enact a law against hate speeches and disparaging remarks against fellow citizens. It is for political parties to control their members not to cross limits of free speech. Citizens can approach court against hate speech by fling criminal or civil cases,” she added.
The pronouncement of the majority judgment by Justice Ramasubramanian was to the point and lasted mere seven minutes.
But Justice Nagarathna read out major portions from her minority view for nearly 30 minutes and thanked the lawyers and audience for their patience. (Agencies)

Defense Minister Rajnath Singh will be in Arunachal Pradesh on Tuesday, his first visit to the state since the December 9 physical clashes between Indian and Chinese troops in the Tawang sector. The minister will inaugurate multiple infrastructure projects completed by the Border Roads Organisation (BRO).

One of the strategic projects to be inaugurated by the Defense Minister is the Siyom Bridge, a 100-metre ‘Class-70’ steel arch superstructure constructed on the Along-Yinkiong Road. The bridge is militarily significant since it will enable faster movement of troops, heavy machinery and weapons like howitzers and mechanised vehicles, to forward areas of the Upper Siang district, Tuting and Yinkiong regions along the Line Of Actual Control with China.

The minister will also inaugurate virtually 27 other projects of the BRO. He will also release the BRO Vision and New Tech Handbook. The Defense Minister will also meet and interact with the local people in the state, reported IANS.

The infrastructure boost in the region comes as the border dispute between India and China worsened over the last few years, the recent being the Tawang clashes which saw multiple soldiers suffering injuries.

In 2022, the state also witnessed massive infrastructure development, ranging from road construction to a greenfield airport. The Ministry of Road Transport and Highways (MoRTH) has also undertaken work on the Arunachal Frontier Highway, one of the country’s “biggest and toughest” projects.

The frontier highway is said to be a “strategic project and was objected to by China in the past. The 2,000-km-long road will begin from Mago, near Bhutan, and pass through Tawang, Upper Subansiri, Tuting, Mechuka, Upper Siang, Debang Valley, Desali, Chaglagam, Kibithu, Dong, before ending at Vijayanagar near the Myanmar border. The project will cost at least Rs 40,000 crore.

The work on the Sela tunnel, located at a height of 13,700 feet, being constructed by the Border Roads Organisation (BRO), is expected to be completed by July 2023. The movement through the present Sela Pass road is affected badly due to heavy snowfalls during the winter.

Once built, the Sela tunnel will be the longest bi-lane tunnel in the world.

Prime Minister Narendra Modi will virtually address the 108th Indian Science Congress (ISC) on Tuesday. The focal theme of this year’s ISC is “Science and Technology for Sustainable Development with Women Empowerment,” and is expected to deliberate on the measures for increasing the representation of women in science and technology.

The participants in the conference will hold discussions on issues of women’s empowerment, women in STEM (Science, Technology, Engineering, Mathematics), and the role of science and tech in sustainable development, the Prime Minister’s Office said in a statement.

The participants will discuss and deliberate on ways to increase the number of women in higher echelons of teaching, research and industry, along with trying to find ways to provide women with equal access to STEM (Science, Technology, Engineering, Mathematics) education, research opportunities and economic participation. A special programme to showcase the contribution of women in science and technology will also be held, which will also witness lectures by renowned women scientists, PMO added.

Several other programmes will also be organised alongside ISC. Children’s Science Congress will also be organised to help stimulate scientific interest and temperament among children. Farmer’s Science Congress will provide a platform to improve the bio-economy and attract youth to agriculture. Tribal Science Congress will also be held, which will also be a platform for scientific display of indigenous ancient knowledge systems and practice, along with focusing on the empowerment of tribal women.

The first session of Congress was held in 1914. The 108th annual session of ISC will be held at Rashtrasant Tukadoji Maharaj Nagpur University, which is also celebrating its centenary this year.

New Delhi, Jan 3: India saw a single-day rise of 134 in coronavirus infections, with the active cases declining to 2,582, according to the Union Health Ministry data updated on Tuesday.
The total tally of Covid cases was recorded at 4.46 crore (4,46,78,956).
The overall death toll to date stands at 5,30,707, the data updated at 8 am stated.
The daily positivity was recorded at 0.09 per cent, while the Weekly positivity was pegged at 0.13 per cent.
Active cases comprise 0.01 per cent of the total infections, while the national COVID-19 recovery rate increased to 98.80 per cent, according to the health ministry website.
A decrease of 88 cases has been recorded in the active COVID-19 caseload in a span of 24 hours.
The number of people who recovered from the infection surged to 4,41,45,667, while 1.19 per cent of those infected succumbed to it.
According to the ministry’s website, 220.11 crore doses of Covid vaccine have been administered in the country so far under the nationwide COVID-19 vaccination drive.
India’s COVID-19 tally crossed the 20-lakh mark on August 7, 2020, and 50 lakh on September 16.
It crossed the grim milestone of four crore on January 25, 2022. (Agencies)