Vishal Tiwari vs Union Of India 2025 INSC 647 - Judiciary - Contempt -Judicial Review - Hate Speech

Constitution of India - Article 32,226 - Each branch of the State in a democracy, be it the legislature, executive or the judiciary, especially in a constitutional democracy, acts within the framework of the Constitution. It is the Constitution that is higher than all of us. It is the Constitution which imposes limits and restrictions on the powers vested in the three organs. The power of judicial review is conferred by the Constitution on the judiciary. Statutes are subject to judicial review to test their constitutionality as well as for judicial interpretation. Therefore, when the constitutional courts exercise their power of judicial review, they act within the framework of the Constitution. (Para 7) Judicial decisions are made in accordance with legal principles and not in keeping with political, religious or community considerations. When citizens approach the court praying for exercise of the power of judicial review, they do so in furtherance of their fundamental and/or legal rights. The court’s consideration of such a prayer is the fulfilment of its constitutional duty. (Para 9)

Constitution of India - Article 19 - Judicial pronouncements result in an order or a decision which may aggrieve a party or sometimes a section of the public. Critical analysis and objective criticism of an order’s reasoning or even its outcome is protected under the fundamental right to free speech and expression under clause (a) of Article 19(1) of the Constitution of India. (Para 3)

Contempt of Courts Act, 1971 - Exercise of the power of contempt is discretionary. (Para 3) when criticism is an obvious distortion or a gross misstatement, which is made in a manner designed to lower the respect of the judiciary and destroy public confidence, it should not be ignored. However, the power to initiate contempt is discretionary in its unsheathed exercise. Every commission of contempt need not erupt in an indignant committal or levy of punishment, however deserving it may actually be. It is so because judges are judicious, their valour non-violent and their wisdom springs into action when played upon by a volley of values, the least of which is personal protection. Courts believe in values like free press, fair trial, judicial fearlessness and community confidence. Thus, courts need not protect their verdicts and decisions by taking recourse to the power of contempt. Surely, courts and judges have shoulders broad enough and an implicit trust that the people would perceive and recognize when criticism or critique is biased, scandalous and ill-intentioned. (Para 6) [Context: SC observed that Nishikant Dubey 's comments were highly irresponsible and reflect a penchant to attract attention by casting aspersions on the Supreme Court of India and the Judges of the Supreme Court.]

Judiciary - The judiciary, as an institution, is accountable to the people through various mechanisms. Arguments take place in open court. Decisions and judgments are reasoned. Judicial procedure ensures transparency and accountability. Judgments are put to scrutiny and critique. Decisions are debated and if required, corrected by exercise of right of appeal, review, in curative jurisdiction and by reference to a larger bench. The judiciary’s legitimacy and credibility are rooted in public trust and are maintained through fair, impartial and transparent decision-making. (Para 7)

Hate speech - that any attempt to spread communal hatred or indulge in hate speech must be dealt with an iron hand. Hate speech cannot be tolerated as it leads to loss of dignity and self-worth of the targeted group members, contributes to disharmony amongst groups, and erodes tolerance and open-mindedness, which is a must for a multi-cultural society committed to the idea of equality. Any attempt to cause alienation or humiliation of the targeted group is a criminal offence and must be dealt with accordingly.

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