A group comprising former civil servants, academics, and social activists has approached the Supreme Court, urging the establishment of rules to govern statements made by constitutional functionaries that do not align with constitutional morality. The petition highlights the significance of upholding moral principles in political and public life, as emphasized during the Constituent Assembly Debates by Acharya J.B. Kripalani. It points out a disconnect between the principles enshrined in the Constitution’s Preamble and the actions of administrators and constitutional functionaries today.
The petition raises concerns about a trend of discriminatory and derogatory remarks made by public office holders, which it argues contradict the core values of the Constitution. It specifically mentions instances involving prominent figures such as Assam Chief Minister Himanta Biswa Sarma, Uttarakhand Chief Minister Pushkar Singh Dhami, and others, totaling nearly 30 identified statements. The plea emphasizes that while political actors may have diverse ideologies, constitutional functionaries are obligated by the Constitution to exhibit fairness in their actions and exercise restraint in their speech.
According to the petition, constitutional functionaries and government officials are duty-bound to uphold fairness in their conduct, which includes refraining from making discriminatory or derogatory statements, even if such statements do not amount to hate speech. The petition clarifies that it does not aim to restrict free speech or advocate for punitive measures against hate speech, as existing laws govern such offenses. Instead, it seeks the Supreme Court’s intervention in formulating guidelines to ensure that public officials adhere to constitutional morality in their behavior and public communications.
