Hindi English Translation || Editorial || Freedom in authority: On the right to free speech

Freedom in authority: On the right to free speech

The Supreme Court is right in not adding to curbs (restriction, restraint, control, limitation) on free speech (बोलने की आजादी), but leaders must value restraint

In a recent verdict, the Supreme Court has shown sound restraint (संयम, नियंत्रण) while examining the issue of misuse of free speech, especially by political functionaries (पदाधिकारी, कार्यकर्ता) holding (पकड़ना, कब्जा करना) public office (सार्वजनिक कार्यालय). It is to the credit (praise, commendation, acclaim, acknowledgement, admiration, kudos) of the Constitution Bench (a court of law with a number of judges) that it did not make any adventurous (साहसी, जोखिम भरा) attempt to expand the scope (extend, range, purview, sweep, ambit, limit) of the restrictions already spelt out in the Constitution. The context (प्रसंग, परिस्थितियाँ) being some rash and intemperate (असंयमी, अनुचित) remarks by two ministers, one while serving in the Uttar Pradesh Cabinet and another in Kerala, there was some expectation that the court should carve out (create, establish, take out (something with effort)) an additional restriction on public servants either by making the state (राज्य) vicariously liable (उत्तरदायी, जिम्मेदार) for their remarks or by evolving (विकसित होना, प्रगति) a code of conduct (आचरण-संहिता) enforceable (executable, binding, applicable, implementable, feasible, mandatory) by law. The four judges who signed off on the main opinion, as well as the fifth judge who wrote a separate one, correctly concluded that the specified grounds (reason) for reasonable restrictions in Article 19(2) are “exhaustive (संपूर्ण, व्यापक, सर्व-समावेशी)” and nothing further can be added by judicial fiat (an arbitrary order, resolution, ruling, rule, ordinance). The majority also declined to expand the notion (धारणा, विचार) of ‘collective (सामूहिक, संयुक्त) responsibility’ to fix liability ((legal) accountability, responsibility, legal responsibility, answerability (for one’s acts or omissions)) on the state for such remarks. Justice B.V. Nagarathna, writing a separate opinion, differed on this point, saying it is possible to attribute (ascribe, connect with, associate with; hold responsible for) vicarious (indirect; performed, exercised, received, or suffered in place of someone else/another) responsibility to the government if a minister’s view represents that of the government and is related to the affairs (concern, matter, problem, headache, worry) of the state. While the issue is largely academic (notional, conceptual, unpragmatic, speculative), there have indeed (in fact, actually, undeniably) been instances of courts taking note of individual ministers’ public remarks to transfer sensitive investigations to other agencies based on an apprehension (doubt, misgiving, disquiet, concern) of injustice (lack of justice, unfairness, misdeed, unjust/unfair act) if a police probe remained with the State concerned. Political leaders do need an occasional (periodic, sometime) reminder that they should show utmost (greatest, maximum, most extreme (effort)) restraint, as their public utterances (comment, remark, statement) tend to (be likely, be liable, be prone) get circulated and also influence (affect, have an effect on; induce, tempt, prompt) their followers.

In the course of ((phrase) - during (the particular time/activity)) the discussion, the court has restated (repeat, say again, reiterate) and clarified several principles, including that of constitutional tort (breach, violation, offence, wrongdoing), or a civil wrong (an infringement/violation of a person’s rights, particularly a tort) that is actionable (unlawful, wrongful, unconstitutional, improper). The main opinion concludes that a mere statement by a minister that goes against (oppose, object, reject, negate) an individual’s fundamental rights may not be actionable, but becomes actionable if it results in actual harm or loss. Justice Nagarathna, on the other hand (as an alternative, as another option), holds (have, be of, think, consider) the view that there should be a proper legal framework (structure, system, organization) to define acts and omissions (negligence, carelessness, disregard, oversight) that amount to (be equal to, be equivalent to, be tantamount to, represent) ‘constitutional tort’. The court’s overall view that fundamental rights are enforceable even against private actors (participants (in an action)) is indeed a welcome (pleasing, agreeable, heartening, promising, much needed) one. This largely settles the question of whether these rights are only ‘vertical (hierarchical; arranged in a hierarchy (different levels/ranks))’, that is, enforceable only against the state, or ‘horizontal (equal (across all))’ too, that is enforceable by one person against another.

Courtesy: The Hindu

Important Word List With Meaning

1.free speech (noun)

Hindi Meaning - बोलने की आजादी
English Meaning - the right to express one’s opinions publicly (without any restraint).

2.restraint (noun)

Hindi Meaning - संयम, नियंत्रण
English Meaning - control, self-control, self-discipline, lack of emotion.

3.functionary (noun)

Hindi Meaning - पदाधिकारी, कार्यकर्ता
English Meaning - official, office-bearer, administrator, office-holder.

4.hold (verb)

Hindi Meaning - पकड़ना, कब्जा करना
English Meaning - occupy, have, be in (a position).

5.public office (noun)

Hindi Meaning - सार्वजनिक कार्यालय
English Meaning - government office; a position of authority or service (within the government).

6.adventurous (adjective)

Hindi Meaning - साहसी, जोखिम भरा
English Meaning - risky, dangerous, perilous, precarious.

7.context (noun)

Hindi Meaning - प्रसंग, परिस्थितियाँ
English Meaning - circumstances, conditions, situation.

8.intemperate (adjective)

Hindi Meaning - असंयमी, अनुचित
English Meaning - immoderate, inordinate, unwarranted, unreasonable, unjustifiable.

9.the state (noun)

Hindi Meaning - राज्य
English Meaning - the government.

10.liable (adjective)

Hindi Meaning - उत्तरदायी, जिम्मेदार
English Meaning - responsible, accountable, answerable.

11.evolve (verb)

Hindi Meaning - विकसित होना, प्रगति
English Meaning - develop, progress, advance.

12.code of conduct (noun)

Hindi Meaning - आचरण-संहिता
English Meaning - a set of rules outlining the norms, rules, and responsibilities or proper practices of an individual party or an organization.

13.exhaustive (adjective)

Hindi Meaning - संपूर्ण, व्यापक, सर्व-समावेशी
English Meaning - comprehensive, all-inclusive, all-embracing, thoroughgoing, in-depth, thorough, complete.

14.notion (noun)

Hindi Meaning - धारणा, विचार
English Meaning - idea, belief, concept, conception, conviction, opinion, view, thought.

15.collective (adjective)

Hindi Meaning - सामूहिक, संयुक्त
English Meaning - combined, united/joint, cooperative (by all people as a group).

16.add to (phrasal verb)

English Meaning - increase, intensify, heighten, enhance.

17.curb (noun)

English Meaning - restriction, restraint, control, limitation.

18.value (verb)

English Meaning - think much of, think highly of, attach importance to, consider something to be important.

19.sound (adjective)

English Meaning - reasonable, logical, reliable, sensible, credible.

20.credit (noun)

English Meaning - praise, commendation, acclaim, acknowledgement, admiration, kudos.

21.bench (noun)

English Meaning - a court of law with a number of judges.

22.Constitution Bench (noun)

English Meaning - a bench of the Supreme Court having five or more judges on it. These benches are not a routine phenomenon. Constitution Benches are exceptions, set up only if some circumstances exist). (A bench of two or three judges is called a division bench).

23.scope (noun)

English Meaning - extend, range, purview, sweep, ambit, limit.

24.spell out (phrasal verb)

English Meaning - explain, make clear, elucidate/clarify.

25.rash (adjective)

English Meaning - reckless, hasty, ill-considered, unthinking.

26.carve out (phrasal verb)

English Meaning - create, establish, take out (something with effort).

27.vicariously (adverb)

English Meaning - indirectly; in a way that something is performed, exercised, received, or suffered in place of another.

28.enforceable (adjective)

English Meaning - executable, binding, applicable, implementable, feasible, mandatory.

29.sign off (phrasal verb)

English Meaning - conclude something (a message/opinion); to announce the end of something.

30.ground (noun)

English Meaning - reason.

31.Article 19(2) of the Constitution of India (noun)

English Meaning - It authorizes the government to impose, by law, reasonable restrictions upon the freedom of speech and expression “in the interests of public order”.

32.fiat (noun)

English Meaning - an arbitrary order, resolution, ruling, rule, ordinance.

33.liability (noun)

English Meaning - (legal) accountability, responsibility, legal responsibility, answerability (for one’s acts or omissions).

34.attribute (verb)

English Meaning - ascribe, connect with, associate with; hold responsible for.

35.vicarious (adjective)

English Meaning - indirect; performed, exercised, received, or suffered in place of someone else/another.

36.affairs (noun)

English Meaning - concern, matter, problem, headache, worry.

37.academic (adjective)

English Meaning - notional, conceptual, unpragmatic, speculative.

38.indeed (adverb)

English Meaning - in fact, actually, undeniably.

39.take note of (phrase)

English Meaning - pay attention, take heed, heed, follow.

40.apprehension (noun)

English Meaning - doubt, misgiving, disquiet, concern.

41.injustice (noun)

English Meaning - lack of justice, unfairness, misdeed, unjust/unfair act.

42.occasional (adjective)

English Meaning - periodic, sometime

43.utmost (adjective)

English Meaning - greatest, maximum, most extreme (effort).

44.utterance (noun)

English Meaning - comment, remark, statement.

45.tend to (verb)

English Meaning - be likely, be liable, be prone.

46.influence (verb)

English Meaning - affect, have an effect on; induce, tempt, prompt.

47.in the course of

English Meaning - (phrase) - during (the particular time/activity).

48.restate (verb)

English Meaning - repeat, say again, reiterate.

49.tort (noun)

English Meaning - breach, violation, offence, wrongdoing.

50.civil wrong (noun)

English Meaning - an infringement/violation of a person’s rights, particularly a tort.

51.actionable (adjective)

English Meaning - unlawful, wrongful, unconstitutional, improper.

52.go against (phrasal verb)

English Meaning - oppose, object, reject, negate.

53.Part III Rights/Fundamental Rights (noun)

English Meaning - The Fundamental Rights, embodied in Part III of the Constitution, guarantee civil rights to all Indians and prevent the State from encroaching an individual’s liberty while simultaneously placing upon it an obligation to protect the citizens’ rights from encroachment by society. Seven fundamental rights were originally provided by the Constitution - the right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, right to property and right to constitutional remedies. However, the right to property was removed from Part III of the Constitution by the 44th Amendment in 1978.

54.on the other hand (phrase)

English Meaning - as an alternative, as another option.

55.hold (verb)

English Meaning - have, be of, think, consider.

56.framework (noun)

English Meaning - structure, system, organization.

57.act of omission and commission (phrase)

English Meaning - act of omission and commission are, respectively, things someone failed to do, and things someone has done.

58.omission (noun)

English Meaning - negligence, carelessness, disregard, oversight.

59.amount to (verb)

English Meaning - be equal to, be equivalent to, be tantamount to, represent.