No one can either be taxed or penalised for holding an opinion which is not in conformity
with the constitutional values, the Supreme Court remarked remarked in its judgment
delivered today. The Constitution Bench (majority 4:1) observed thus while holding that a
mere statement made by a Minister, inconsistent with the fundamental rights of a citizen
under Part III of the Constitution, may not constitute a violation of the constitutional rights
and become actionable as Constitutional tort. One of the issues considered by the
Constitution Bench in Kaushal Kishore vs State of Uttar Pradesh was “whether a statement
by a Minister, inconsistent with the rights of a citizen under Part III of the Constitution,
constitutes a violation of such ‘Constitutional Tort’?" The court said that it has some difficulty with the words “a statement by a Minister”. It explained: