NEW DELHI: A Constitution Bench of the Supreme Court. headed by Justice S A Nazeer on Tuesday reserved its order on whether restrictions can be imposed on the right to freedom of speech and expression of ministers and other public functionaries, after hearing submissions by Attorney General R Venkataramani, Solicitor General Tushar Mehta and the lawyers from other parties.
Justice B R Gavai wondered how the court can frame a code of conduct for the legislators. “We would be encroaching upon the powers of the legislature and the executive,” he observed.
The attorney general submitted before the bench that any additions or modifications of restrictions to a fundamental right have to come from Parliament as a matter of Constitutional principle.
Mehta said the issue is more of an academic question — on whether a writ can be filed citing Article 21 for action against a particular statement.
Three other judges on the Bench were Justices A S Bopanna, V Ramasubramanian and B V Nagarathna.
A three-judge bench on October 5, 2017 referred the matter to the Constitution bench to adjudicate various issues, including whether a public functionary or a minister can claim freedom of speech while expressing views on sensitive matters.
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