Justice Gavai had observed during the hearings that he prima facie agreed with the proposition that the issue was something for lawmakers to decide.
Justice Nagarathna then remarked that those occupying high offices, including public servants, have an inherent code to curb such speech.
“Reason why no law has been there all this while is because there has always been an inherent self-imposed code on those in public life. Now the impression is such restrictions are being relaxed, leading to hurtful speeches being made and no checks being made, allowing them to get away.”
Further, she had said,
“Is there no constitutional culture in our country that is inherently applicable on those in public office? There is [one], [it is] an unwritten rule that we impose a self-restriction on making disparaging remarks when we hold such posts. This must be inculcated in our political and civic life.”
Source: Barandbench
