The Right to Criticise the Government

The right to criticise the Government, essential for maintaining accountability, is also a part of the freedom of speech and expression. Dissent and criticism have been hailed as crucial elements for a democracy.¹

This right also includes the right of a political rival, like anyone else, to criticise the government, and it cannot be curtailed on the charge of defamation.² While criticism of the government and its officials may be valid, it cannot condone a political rival seemingly engaging in spreading false news and allegations, about a political personality, in a schematic and planned manner.³) Criticism of this kind would amount to defamation and is not protected under Article 19(1)(a). 

1. Vijaykant v. City Public Prosecutor & Ors., Writ Petition (Criminal) No. 43/ 2016 [↩]
2. Vijaykant v. City Public Prosecutor & Ors., Writ Petition (Criminal) No. 43/ 2016 [↩]
3. Raghav Chadha v. State, 2017 SCC OnLine Del 11191 (Delhi High Court [↩]