Review is going on in the Supreme Court regarding the Waqf Amendment Act 2025. But the remarks made by BJP MP Nishikant Dubey about the judiciary on Saturday remains the subject of controversy. Nishikant Dubey said that the Supreme Court is going out of its limits and listening to the decision. He is ignoring the Parliament of the country. He also said that the only purpose of the country’s court is to show the face, I will tell the law. If the Supreme Court has to give a decision in all cases, then Parliament and Legislative Assembly should be closed. Apart from this, he has said many other things.
In such a case, it is necessary to know that if rhetoric is made against the Supreme Court, then how can one get a punishment in such a case.
Rhetoric against Supreme Court by staying in limits
The answer is yes, rhetoric can be made against the Supreme Court, but there are some limitations about it. Under Article 19 of the Constitution, every citizen has gained freedom of expression, but this freedom is not complete. For example, inflammatory speech or derogatory rhetoric cannot be made. It is legally banned and legal action can also be taken regarding this. The Constitution of India gives people freedom of expression, including rhetoric on the decision of the Supreme Court.
Legal action can be taken
However, people do not get this freedom completely, because some restrictions have been imposed in Article 19 (2) of the Constitution. Legal action can be taken against him if a person makes inflammatory statements against the Supreme Court or if he provokes a public system or provokes people against a particular community. Action can also be taken against the Supreme Court on making derogatory statements. Especially when the court is contempt or is damaging the reputation of the judges.
Criticizing the decision of the Supreme Court is a democratic right, but criticism should be appropriate and creative. If that criticism is derogatory, false or provocative, then it can be punished for it.
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