Chief Justice of India (CJI) Surya Kant has emphasized the need to strengthen the right to freedom of speech and expression, recognizing it as a cornerstone of Indian democracy. Speaking after taking his oath as the 53rd CJI on Monday, Justice Kant stressed that while freedom of speech is invaluable, it must be exercised with responsibility, accuracy, and respect in public discourse.
Justice Kant acknowledged the potential harm arising from the misuse of free speech, particularly concerning dignity and reputation. He suggested that the issue lies not with freedom of speech itself, but with its misuse and the inadequacy of existing remedies. This viewpoint aligns with that of his predecessor, Justice B.R. Gavai, who noted that the right to free speech is subject to reasonable restrictions as specified in the Constitution.
In light of concerns about abusive or hate speech, the outgoing CJI Gavai expressed the need for a regulatory mechanism, suggesting that Parliament should consider this issue. CJI Kant echoed this sentiment, stating that the right to free speech comes with an obligation to exercise it in accordance with a citizen's fundamental duties. He emphasized that the Constitution envisions a society that is not only free but also respectful and harmonious. He cautioned that neglecting the intrinsic connection between rights and duties could distort the balance necessary for a functional democracy and potentially render the Constitution unworkable.
Addressing the issue of social media distortions and selective reporting, CJI Kant acknowledged that such incidents could make judges more cautious in their expressions. However, he affirmed that this should not deter them from posing probing questions essential for delivering justice. He had previously stated that he does not succumb to pressure from social media.
CJI Kant's commitment to free speech is evident in his past judgments. He was part of the bench that put the colonial-era sedition law on hold, directing that no new FIRs be registered under it pending government review. Additionally, he was involved in the Pegasus spyware case, emphasizing that the state cannot claim a "free pass under the guise of national security" when faced with allegations of unlawful surveillance.
However, Justice Kant has also stressed that freedom of speech is not absolute. In a case involving podcaster Ranveer Allahbadia and stand-up comedians from "India's Got Latent," his bench stated that "freedom of speech is not a license to flout societal norms". The court criticized the comedians for making derogatory comments about disabled people and instructed the government to formulate guidelines for regulating online content. Similarly, he led a bench that reprimanded Madhya Pradesh minister Vijay Shah for his remarks against Colonel Sofiya Qureshi, emphasizing the responsibility that comes with public office.
Justice Surya Kant's career reflects a commitment to upholding constitutional values, including freedom of speech, while also recognizing the importance of responsibility and accountability. His emphasis on strengthening free speech while establishing a framework for responsible expression highlights the ongoing effort to balance individual rights with societal well-being in India.
