Supreme Court’s Restrictive Definition of Indianness and Restrictions on Government Questions

• The Supreme Court of India has criticized the court’s rigid definition of Indianness and its restrictive approach to government questions.

• The court’s recent ruling in a defamation case against Rahul Gandhi for his remarks on the armed forces and the 2020 Galwan clash with China is seen as an institutional overstep.

• The court’s strictures on questioning the government during conflict and defining who is a “true Indian” are seen as dispiriting in a climate of political polarisation.

• The court’s history of checking executive overreach and protecting civil liberties is cited as a reason for its current stance.

• The Constitution of India is praised for its capacity to accommodate diversity and difference, while enforcing rights and accountability.

• The court’s rigid definition of Indianness and its restrictive approach to government questions are seen as a disservice to the Constitution.

• The court’s oral observations are not legally binding and are part of the deliberative process, but they should be respected and taken seriously.