CASE ANALYSIS: SUBRAMANIAN SWAMY v. UNION OF INDIA, (2016) 7 SCC 221
Author- Neha ParveenCITATION(2016) 7 SCC 221, AIR 2016 SC 2728DATEMay 13, 2016COURT NAMEThe Supreme Court of IndiaPLAINTIFF/APPELANT/PETITIONERDr. Subramanian SwamyDEFENDANT/RESPONDENTUnion of India, Ministry of Law & Ors.JUDGESHon’ble Justice Dipak Misra & Hon’ble Justice Prafulla C. PantINTRODUCTION In the seminal case of Subramanian Swamy v. Union, the constitutionality of criminal defamation under Sections 499 and 500 of the Indian Penal Code was examined. Prominent politicians Rahul Gandhi, Arvind Kejriwal, and Dr. Subramanian Swamy were among the petitioners who contested these clauses, claiming that they violated the basic right to freedom of speech and expression protected by Article 19(1)(a) of the Indian Constitution. The Supreme Court’s ruling in this case has been crucial in defining the limits of free speech and the right to reputation in Indian law. The Supreme Court changed the ratio of the right to reputation under Article 21 to the freedom of expression while maintaining the legitimacy of criminal defamation. FACTS OF THE CASEISSUES OF...