A three-judge bench comprising Chief Justice of India (CJI) Surya Kant and justices BV Nagarathna and Joymalya Bagchi also added that political parties must foster fraternity in the country. The observation fell from the bench during the hearing of a plea filed by nine individuals seeking guidelines to prevent “constitutionally unbecoming” speeches by individuals holding constitutional offices.
The plea was filed in the wake of recent speeches of Assam chief minister Himanta Biswa Sarma and a video posted by the BJP’s Assam unit which sparked controversies after they were perceived as targeting a specific community.
Appearing on behalf of the petitioners, senior advocate Kapil Sibal contended that the situation is “becoming very toxic”. He added that the instant petition is “not qua any individual”. In response, CJI Kant verbally remarked that the instant plea is “definitely targeted against a particular individual (Sarma)” as it has references only to his speeches. Sibal said that he was not seeking any particular relief against Sarma, and undertook to delete the references to him from the petition, and urged the SC to examine the larger issue. The bench remarked that the plea should not be against a particular individual, but against everyone.
Justice Nagarathna orally remarked that political parties need to foster fraternity in the country on their own. “There has to be restraint on all sides. Political leaders must foster fraternity in the country. Suppose we lay down guidelines, who will follow them,” she added. Weighing in, justice Bagchi highlighted the guidelines previously issued by the court. “From Kaushal Kishore to Amish Devgan, how many guidelines have we laid down? Responsibility lies with the political parties to implement as well,” justice Bagchi remarked.
CJI Kant pointed out that public servants are bound by service rules, adding that one has to follow the principles of constitutional morality. Justice Nagarathna also remarked that the thought needs to be corrected to prevent such speeches. “Origin of speech is thought. How do you control thought? We must erase those thoughts which go against the constitutional ethos,” she said. Justice Bagchi added “vague” petitions should not be filed. “Let it not become a populist exercise but a contemplative constitutional exercise. The humdrum of politics cannot dim such important issues.”
