On Tuesday (26th March) Justice BR Gavai emphasized that the right to free speech inherently comprises the right to information, especially crucial in the context of elections.
NEW DELHI: On Tuesday (March 26), Supreme Court Justice BR Gavai recently discussed the importance of the right to information in boosting citizens’ involvement in democracy, especially in light of the Electoral Bonds case. He emphasized that disclosing information about electoral bonds is crucial for voters and cannot be restricted, as it’s part of their right to free speech.
READ ALSO: Chief Justice DY Chandrachud Addresses Controversy on Justice Gowri’s Appointment
Justice Gavai expressed, “My attainment of this position is solely attributed to Dr. Ambedkar and the Constitution of India.”
He emphasized how India’s governance has evolved from colonialism to democracy, with the Constitution ensuring justice and equality for all. Justice Gavai reaffirmed the Supreme Court’s duty to uphold these values, citing cases like Navtej Johar’s, where the Court recognized LGBTIQ+ rights, showing the Constitution’s adaptability.
“In a very recent judgment on the validity of anonymous electoral bonds, the Supreme Court held that disclosure of information on electoral bonds to the voter cannot be restricted on the grounds of the informational privacy of the financial contributions to political parties. The expansion of the freedom of speech and expression under Article 19(1)(a) to include the right to information is a crucial recognition for the citizenry to effectively participate in the elections, which, in turn, is an intrinsic feature of democracy,” he said.
He further explained the efforts of both the Indian legislature and the Supreme Court to bring the transformative spirit of the Indian Constitution into action.
Gavai remarked, “The Constitution of India serves as evidence of India’s transition from colonialism to democracy, shifting from the ‘order of the Queen’ to the ‘will of the people’… Courts play a pivotal role in upholding the supremacy of the Constitution and assessing the validity of legislative and executive actions based on constitutional principles.”
READ ALSO: “FUTURE CHIEF JUSTICE: The Dazzling Legal Odyssey of Justice B. V. Nagarathna”
Justice Gavai reiterated the Court’s commitment to maintaining the integrity of elections. Alongside striking down anonymous electoral bonds, he mentioned a 2002 ruling affirming voters’ right to know about candidates’ criminal records.
Through transparency and protecting the right to information, the Indian judiciary, guided by transformative constitutionalism, continues to strengthen democracy and encourage citizen participation in governance.
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
