W.P.(Crl.) No. 113/2016

KAUSHAL KISHOR VS THE STATE OF UTTAR PRADESH GOVT. OF U.P. HOME SECRETARY

The Supreme Court found that the grounds enumerated in Article 19(2) for restricting the right to free speech were exhaustive, and that free speech cannot be restricted for reasons not found in Article 19(2). The Court held that Articles 19 and 21 could be enforced against non-State actors (e.g., other citizens or private companies). It also found that the State has an affirmative duty to protect a person’s rights under Article 21, even against non-State actors.The Court held that a statement made by a Minister about State affairs, could not be attributed to the Government. It also held that a mere statement by a Minister which undermined the fundamental rights of a person or citizen would not be actionable unless it led to an act or omission of public officers that caused harm or loss to the person or citizen. The judgment of the Court was authored by Justice Ramasubramanian. Justice Nagarathna wrote a separate opinion which dissented on certain issues.The Constitution Bench of the Supreme Court directed that the petition from Uttar Pradesh and the appeal from Kerala be listed before regular benches of the Court to be decided in accordance with the principles laid down by the Constitution Bench.