Expansion of right to free speech to include right to information crucial for elections: Justice BR Gavai

Supreme Court judge Justice BR Gavai on Tuesday noted that with the inclusion of the right to information within the scope of the fundamental right to free speech, citizens can participate more effectively in elections..Justice Gavai made the observation while discussing the recent Supreme Court verdict in the Electoral Bonds case."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 to 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..Supreme Court strikes down Electoral Bonds scheme.The Supreme Court judge was speaking at Columbia Law School on the theme 75 years of Transformative Constitutionalism. In his address, Justice Gavai paid homage to Chairman of the Drafting Committee of the Constitution Dr BR Ambedkar, who was also an alumnus of Columbia University. "It is only because of Dr. Ambedkar and the Constitution of India that I have reached this position," Justice Gavai said as he began his address. .Justice Gavai proceeded to speak extensively on the efforts by the legislature and the Supreme Court of India to give effect to the transformative nature of the Constitution of India. "The Constitution of India is evidence of the transformation of the governance structure in India from colonialism to democracy and from the 'order of the Queen' to the 'will of the people'...Courts play a seminal role in reinforcing the supremacy of the Constitution and determining the validity of legislative and executive actions on the touchstone of the principles of the Constitution," he explained. .Since its inception, the Indian Constitution has been hailed as a transformative document that seeks to uphold justice, equality and dignity for all citizens, he stressed. "It is the duty of the courts to ensure that the law remains relevant amid shifting societal norms, and when faced with multiple interpretations, the court opts for the one that best advances the constitutional values. Central to this transformative ethos is the role of the Supreme Court, which has to act as the custodian of the Constitution and the ultimate arbiter of justice," he added. .Among other judgments, Justice Gavai also referred to the Navtej Johar judgment as an example of the Supreme Court's role in enforcing the transformative ideals of the Indian Constitution. "In the landmark decision of Navtej Singh Johar v. Union of India, the Supreme Court recognised the rights of the LGBTIQ++ community that were not explicitly provided for in the Constitution. It expounded the concept of transformative constitutionalism with regard to the Indian Constitution as its ability to adapt and transform with the changing needs of the times. While categorically decriminalizing homosexuality under Section 377 of the Indian Penal Code, 1860, the Supreme Court observed, and I quote: 'the Constitution has been conceived of and designed in a manner which acknowledges the fact that ‘change is inevitable,'" he said. .As his address drew to a close, he focused on the Supreme Court's efforts to ensure free and fair participation of voters in the electoral process. Apart from the Court's decision to strike down the anonymous electoral bonds scheme, Justice Gavai also referred to a 2002 judgment where the Supreme Court held that voters have a right to be informed about the criminal antecedents of candidates contesting elections..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.