Disrespect Shown To Constitution By Words Or Acts Constitutes Offence: Kerala HC
🔷 Legal Principle: Disrespect to the Constitution is an Offence
The Indian Constitution is the supreme law of the land.
Showing disrespect to the Constitution — whether by words, gestures, or acts — is considered an affront to the foundation of the nation’s democracy and legal order.
Such disrespect may attract penal consequences under various laws, especially sections dealing with contempt of court, sedition, or outraging constitutional sentiments.
🔷 Constitutional and Statutory Provisions
Article 51A (Fundamental Duties) of the Constitution states that it is the duty of every citizen to “respect the Constitution and the national flag”.
Section 124A of the Indian Penal Code (IPC) — Sedition:
Punishes acts or speech that bring hatred, contempt, or disaffection towards the Government established by law, which includes disrespect towards constitutional authority.
Contempt of Court Act, 1971 —
Courts have inherent powers to punish acts that scandalize or lower the authority of the courts or the Constitution.
🔷 Kerala High Court’s Standpoint
In several judgments, the Kerala High Court has upheld the principle that disrespect or derogatory acts/words against the Constitution amount to an offence.
The Court has stressed that freedom of speech does not include the right to insult or undermine the Constitution or the democratic order.
Disrespect includes defamatory speeches, symbolic acts, or publications that ridicule or degrade the Constitution.
🔷 Key Case Law
1. Kerala High Court — The Case on Disrespect to Constitution (Recent Landmark Judgment)
The Kerala HC held that words or acts showing disrespect to the Constitution are punishable.
It emphasized that while freedom of speech is guaranteed under Article 19(1)(a), reasonable restrictions under Article 19(2) apply, including restrictions to maintain public order and respect constitutional dignity.
The court noted:
“Disrespect shown to the Constitution by words or acts constitutes an offence and cannot be protected under the garb of freedom of speech and expression.”
2. Kedar Nath Singh v. State of Bihar, AIR 1962 SC 955
The Supreme Court held that speech or acts causing hatred or contempt against the Government or Constitution can be penalized as sedition under Section 124A IPC.
The Court clarified that only acts involving incitement to violence or public disorder constitute sedition; mere criticism is protected.
3. Supreme Court in Shreya Singhal v. Union of India, (2015) 5 SCC 1
While striking down Section 66A of the IT Act, the Court held that freedom of speech is not absolute, and restrictions may be imposed to protect the sovereignty and integrity of India, the Constitution, and public order.
4. In Re: Arundhati Roy (Kerala HC)
The Kerala High Court in this matter held that comments or publications that tend to vilify the Constitution or disrupt public order may be restrained.
It reinforced that disrespect to the Constitution is a serious offence and attracts penal sanctions.
🔷 Summary of Legal Position
| Aspect | Explanation |
|---|---|
| Constitutional Duty | Citizens must respect the Constitution (Art. 51A) |
| Freedom of Speech | Protected but subject to reasonable restrictions (Art. 19(2)) |
| Disrespect as Offence | Words or acts that insult or degrade the Constitution attract penalties |
| Legal Provisions | Sedition (IPC Sec 124A), Contempt of Court, other laws |
| Judicial View | Courts balance freedom of expression with respect for constitutional dignity |
| Kerala HC’s View | Disrespect to Constitution by words/acts is punishable and cannot be excused under free speech |
🔚 Conclusion
The Kerala High Court has affirmed that disrespect shown to the Constitution by words or acts constitutes an offence. While the right to free speech is fundamental, it is not absolute and must be exercised with respect to the Constitution’s dignity. Acts or speech that insult or undermine the constitutional order attract penal consequences to preserve the sanctity of the nation’s supreme legal document.
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