New Delhi – While recording significant observations in matters concerning hate speech, the Supreme Court of India observed that prescribing punishment for any offence falls squarely within the domain of the legislature. The Court noted that the existing legal framework is adequate to deal with instances of hate speech and that no legislative vacuum exists warranting judicial intervention.
The Court further emphasised that, in view of the constitutional principle of separation of powers, the judiciary must operate strictly within its prescribed limits.
A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta observed that:
The definition of offences and prescription of punishment fall exclusively within the legislative domain.
Courts are vested with the power to interpret the law; they neither enact legislation nor can they direct the legislature to do so.
If the need for any new law or policy arises, it is for the legislature to consider and enact appropriate measures.
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