ABUSE OF ARTICLE 19, 25 RIGHTS

ABUSE OF ARTICLE 19, 25 RIGHTS

07-03-2024

1. Background:

Tamil Nadu Minister Udhayanidhi Stalin has approached the Supreme Court seeking to club the First Information Reports (FIRs) registered against him in multiple states regarding his remarks on 'Sanatana Dharma'.

2.  Supreme Court's Response:

A bench of Justices Khanna and Dipankar Dutta told Stalin that being a minister, he should have been careful in his statements and conscious of their possible consequences.

The bench said "You abuse your right under Article 19(1)(a) (right to freedom of speech and expression) of the Constitution. You abuse your right under Article 25 (freedom of conscience, freedom to profess, practice and propagate religion)."

 

"Now you are exercising your right under Article 32 (to file a petition directly in the Supreme Court)? Don't you know what the consequences of what you said will be? You are not a common man. You are a minister. You should know the outcome.”

 Will Articles 19 and 21 be enforceable against private citizens? 

The Supreme Court ruled in the case of Kaushal Kishor vs. The State Of Uttar Pradesh Govt. and Ors. that the rights guaranteed under Article 19(1) and Article 21 can be enforced against private individuals, not only against the state.

  1. (Article 19(1)(a)) Freedom of Speech and Expression: All citizens have the right to freedom of speech and expression.

 Reasonable Restrictions:

(Article 19(2)) Freedom of Speech and Expression: Reasonable restrictions can be imposed in the interests of sovereignty and integrity of India, security of the State, friendly relations with Foreign States, public order, decency or morality, or in relation to contempt of court, defamation, or incitement to an offence.

 Article 25 - Freedom of Conscience and Free Profession, Practice and Propagation of Religion:

Everyone is entitled to freedom of conscience and the right to freely profess, practice and propagate religion. Explanation:

  1. Freedom of conscience: freedom to have any inner religious belief.
  2. Right to profess: One can openly declare one’s religious beliefs. Sikh profess their religion by carrying kirpans.
  3. Right to practice: One can practice religious rituals in any way.
  4. Right to propagate: One can transmit one’s religious beliefs to others. But one cannot convert another person’s religion forcefully. As forcible conversions are an attack on the ‘freedom of conscience’ of other persons. 

Thus, Article 25 covers not only religious beliefs (doctrines) but also religious practices (rituals). These rights are available to all (citizens as well as non-citizens).

 Restriction on this right:

  1. These rights are subject to public order, morality, health etc. 
  2. States can restrict any economic, financial, political or other secular activity associated with religious practice.
  3. State can provide for social welfare and reform or make public Hindu religious institutions open to all sections of Hindus. Hindus, in this context, include Sikhs, Jains and Buddhists. 

 Article 32 - Right To Constitutional Remedies:

Article 32 gives the right to remedies to the victim, if his fundamental rights are not enforced. The right to get other Fundamental Rights protected is itself a fundamental right. Dr. Ambedkar called Article 32 as the most important article (soul) as without this, other fundamental rights will not be enforced. As per the Supreme Court, Article 32 is a basic feature of the Constitution. Hence, it cannot be amended. Article 32 has following 4 provisions:

  1. A person has the right to move the Supreme Court for the enforcement of Fundamental Rights.
  2. The SC has power to issue writs (order or directions) for the enforcement of any of the fundamental rights. (Article 226 gives these powers to high courts to issue writs).
  3. Parliament can empower any other court (other than supreme and high courts) to issue writs (order or directions).
  4. Constitution provides that during a national emergency, the President can suspend the right to move any court for the enforcement of the fundamental rights under Article 359  and the right to move the Supreme Court shall not be suspended except as otherwise provided for by the Constitution.

3. Violation of Rights:

Mr. Stalin argued that the registration of multiple FIRs violates his right to a fair trial  under article 21." He mentioned instances where the Supreme Court had intervened and clubbed FIRs in similar cases involving public figures.

Conclusion: The Supreme Court's inclination to examine Udhayanidhi Stalin's plea shows the importance of balancing individual rights with legal processes, especially in cases involving sensitive issues such as public figures and religious sentiments. The outcome of this case will likely set a precedent for how similar cases will be handled in the future.

Must Check: Best IAS Coaching In Delhi

Discovery of Molecule That May Treat Rare Mitochondrial Diseases (2025)

World's First 'Black Hole Bomb' Created in a Lab (2025)

From Democracy to Emocracy: Understanding the Shift