Supreme Court’s Shift in Defamation Charges Against Gandhi

• The Supreme Court of India’s handling of defamation charges against Congress leader Rahul Gandhi threatens democratic dissent.

• Justice Dipankar Datta’s remarks on Gandhi’s remarks on the Galwan clash in 2020, which questioned the government’s border policies and Chinese intrusions, are problematic.

• The Court’s primary function is to adjudicate on questions of law and constitutional principle, not to prescribe standards of national loyalty.

• Gandhi’s criticism is protected by the principles of free speech and is essential for a healthy public discourse.

• The Court’s remarks risk chilling legitimate dissent and setting an inimical precedent for future Opposition conduct.

• Gandhi’s statements regarding Chinese occupation of Indian territory and confrontations are supported by public and governmental sources.

• The Court must resist the temptation to offer moral or patriotic judgments and focus on the rigorous and impartial adjudication of legal questions.