KAUSHAL KISHOR versus STATE OF UTTAR PRADESH & ORS.

KAUSHAL KISHOR versus STATE OF UTTAR PRADESH & ORS.

The Court answered the reference: the heads enumerated in Article 19(2) are exhaustive and additional restrictions cannot be imposed by invoking other fundamental rights; fundamental rights under Articles 19 and 21 can be enforced against persons other than the State or its instrumentalities depending on the nature of their functions; the State has a duty to protect Article 21 rights against threats including by non-State actors where obligations arise; a Minister’s statement is not vicariously attributable to the Government merely by collective responsibility unless it represents Government view; and a mere statement by a Minister is not per se a constitutional tort but if it leads to...

Parties
Petitioner: Kaushal Kishor; Respondent: State of Uttar Pradesh & Ors.
Jurisdiction
India
Judgment Date
03 January 2023
Procedural Posture
Writ Petition (criminal) No.113 of 2016 (constitution Bench Reference) / Constitution Bench Hearing / Reference Answered
Outcome
Reference answered by Constitution Bench; questions formulated in reference answered as set out in ratio
Legal Topics
Freedom of Speech and Expression, Article 19(2) Restrictions, Article 21 (right to Life and Personal Liberty), Horizontal Application of Fundamental Rights, Constitutional Tort, Collective Responsibility of Ministers, State Duty to Protect
Constitutional Law Fundamental Rights Tort Administrative Law Criminal Law Human Rights Freedom of Speech and Expression Article 19(2) Restrictions +5 more

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Parties

Kaushal Kishor

Petitioner

State of Uttar Pradesh & Ors.

Respondent

Procedural Posture

Writ Petition (criminal) No.113 of 2016 (constitution Bench Reference) / Constitution Bench Hearing / Reference Answered

Legal Issues

  1. 1 Are the grounds in Article 19(2) exhaustive for restricting free speech?
  2. 2 Can fundamental rights under Article 19 or 21 be enforced against persons other than the State or its instrumentalities?
  3. 3 Is the State under a duty to affirmatively protect Article 21 rights against threats by private actors?

Ratio Decidendi

The Court answered the reference: the heads enumerated in Article 19(2) are exhaustive and additional restrictions cannot be imposed by invoking other fundamental rights; fundamental rights under Articles 19 and 21 can be enforced against persons other than the State or its instrumentalities depending on the nature of their functions; the State has a duty to protect Article 21 rights against threats including by non-State actors where obligations arise; a Minister’s statement is not vicariously attributable to the Government merely by collective responsibility unless it represents Government view; and a mere statement by a Minister is not per se a constitutional tort but if it leads to...

Court Disposition

Reference answered by Constitution Bench; questions formulated in reference answered as set out in ratio

Orders

  • Reference answered in terms of the reasons given in the judgment
  • Writ Petition (Criminal) No.113 of 2016 and Special Leave Petition (Diary) No.34629 of 2017 to be listed before an appropriate Bench after obtaining orders from the Chief Justice of India