The Constitution Bench of the Supreme Court of India comprising of Justices Arun Mishra, Vineet Saran, Indira Banerjee, M.R. Shah and S. Ravindra Bhat heard arguments in the case of Kaushal Kishore v. State of Uttar Pradesh. The case involves the question of whether persons holding public offices have greater restrictions on their right to freedom of speech and expression under Article 19(1)(a) of the Constitution of India.
"To what extent can we hold the minister responsible for certain utterances as by virtue they belong to very special classes of society? What can be the remedy in these cases?"
1. Whether these enumerated rights could be violated by a person holding public office?
2. Can there be guidelines to fill the vacuum till the Parliament chooses to enact a law?
"Will the Court just fold its hands and sit back if the legislature is inactive, and watch the infringement of Fundamental Rights?"
"Why can't we be a respectable democracy? Why can't we respect each other's sides? When you are holding an office, shouldn't you respect others? Let us come to the fundamental duties. Can we make such reckless statements and destroy the very harmony of this country?" , asked Justice Mishra.