Hate speech: Speech reflects thoughts, which need to be corrected, says SC on plea to regulate public speeches by constitutional functionaries infringing fundamental rights
New Delhi, Feb 2026: The Supreme Court on Tuesday observed that speech reflects the thought process, and that the real challenge in addressing hate speech lies not merely in regulating words, but in correcting and erasing the thoughts that generate them.
A Bench comprising Chief Justice Surya Kant, Justice B.V. Nagarathna and Justice Joymalya Bagchi made the observation while hearing a PIL filed by one Roop Rekha Verma seeking a declaration that public speeches of constitutional functionaries must not result in the violation of fundamental rights.
Justice Nagarathna said, “Origin of speech is thought. How do you control thought. We must erase those thoughts which goes against the constitutional ethos.” Emphasising the need to correct the underlying thought process, she stated that merely laying down guidelines may not address the issue. She stressed that political leaders and parties must nurture and foster fraternity and exercise restraint.
Justice Bagchi echoed the need for seriousness in addressing the issue. Referring to earlier rulings such as Kaushal Kishore and Amish Devgan, he noted that the Court had already laid down several principles and questioned whether they were being adhered to.
Underlining that the responsibility lies with political parties to act in conformity with those guidelines, Justice Bagchi said, “Such petitions, which are so vague, is not expected. Let it not become a populist exercise but a contemplative constitutional exercise. The humdrum of politics cannot dim such important issues.”
Chief Justice Surya Kant emphasised that any such challenge cannot be selective. It must apply across the political spectrum and not target chosen individuals. Public servants, he observed, are already bound by service rules and constitutional morality.
The CJI also referred to a plea heard on Monday, February 16, in which the Court had asked the petitioners to approach the Gauhati High Court instead of directly moving the Supreme Court seeking an SIT probe against Assam Chief Minister Himanta Biswa Sarma over alleged hate speeches against a minority community.
The Bench then adjourned the matter, permitting the petitioner to suitably amend the petition and raising the issue in the broader perspective instead of focusing on individual utterances.
Pramod kumar is a Senior Journalist, Covering Supreem Court of India
