NEW DELHI: A division bench of the Supreme Court has held that additional restrictions, not found in Article 19(2), cannot be imposed on the exercise of right to free speech under Article 19(1)(a) of Ministers, MPs and MLAs. But along with the majority judgment of the Constitution Bench, Justice BV Nagaratna gave a dissenting opinion. She observed that in case a minister makes disparaging statements in his "official capacity", then such statements can be vicariously attributed to the govt. However, she added that if the statements of the ministers are not consistent with the stand of govt then it would be treated as a personal remark.

The verdict was delivered by a constitution bench headed by Justice Abdul Nazir. The decision was taken by majority judgment. Justice Ramasubramanian observed that self-restraint is sufficient. Justice Rama Subramanian held that regulation by introducing guidelines would not be appropriate. But Justice BV Nagaratna pointed out that while freedom of expression is important, its exercise should be done with purity of intention and it should not be to insult or humiliate others. She also stated that statements insulting or derogatory to women are abuse of constitutional rights.

The case emanates from Azam Khan's remarks against the victim in the Uttar Pradesh rape case. The central government was strongly opposed to coming with additional restrictions on the freedom of expression of ministers and others. The Attorney General and Solicitor General argued in the court that action can be taken against public activists who make controversial remarks based on the guidelines issued by the Supreme Court to prevent hate speech.