New Delhi: The Supreme Court of India on Wednesday ruled that there is no gap in current legislation when it comes to addressing hate speech, stating that the existing legal framework is sufficient to deal with such offences.
A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta observed that the responsibility of defining crimes and determining punishments rests solely with the legislature. The court emphasised that under the constitutional principle of separation of powers, the judiciary cannot create new offences or expand criminal liability through its rulings.
Delivering the judgment, the Bench declined to issue additional directions sought in a batch of petitions calling for stricter measures against hate speech. Instead, it pointed to provisions already available under criminal law that address such conduct.
The judges reiterated that while constitutional courts play a key role in interpreting laws and safeguarding fundamental rights, they do not have the authority to legislate or compel Parliament to enact new laws.
At the same time, the court noted that the Centre and other legislative bodies remain free to evaluate whether further legal or policy interventions are necessary. It also referred to recommendations made in the Law Commission 267th Report, suggesting that lawmakers could consider amendments if evolving social circumstances demand them.
The ruling underscores the court’s stance on maintaining institutional boundaries while leaving the door open for legislative review if deemed appropriate.
