Article 21 Must Prevail Over Article 19: Supreme Court On Proposed Guidelines To Regulate Online Content

The Supreme Court today, while discussing the scope of guidelines for regulating the content on online media, observed that the rights under Article 19 cannot overpower the rights under Article 21 of the Constitution of India. The Court also observed that in the event of any competition between Articles 19 and 21, Article 21 must prevail over Article 19.

The Supreme Court was considering the pleas filed by YouTubers Ranveer Allahabadia and Ashish Chanchlani seeking clubbing and quashing of FIRs against them in connection with their remarks on the show, India’s Got Talent. The Court had earlier made clear that it intends to frame guidelines for regulating online content containing vulgarity.

The Bench of Justice Surya Kant and Justice Joymalya Bagchi observed, “The guidelines can create problems…so one has to be very very careful…we will also have to keep in mind that something is today approved by the Court …so therefore there should not be any single world that is capable of misuse by anyone…there has to be a balancing.”

Earlier, the Attorney General of India R. Venkataramani, had raised concerns over the proposed guidelines to regulate the content of online media. The Court had requested the Attorney General to assist the Court in the matter, given the sensitivity and importance of the issue.

Today, when the AG said that detailed discussions are required before framing the guidelines, Justice Kant said, “For guidelines etc, we will grant you more time. We would like to test those guidelines also”.

The AG further expressed, “The enforceability…even if there are certain guidelines, the enforceability is an important part…so I will look at it more carefully.”

Upon which, Justice Kant remarked, “There are so many free advisors in the market, ignoring their so-called expert opinions, what we liked you to do is that you should have guidelines which must be in confirmity with the constitutional principles comprising both parts- the freedom, where the limits of the that freedom ends, and where the right and duties start….”

The Bench also said that it would like to invite an open debate on the said guidelines. Justice Kant said, “We would like to invite all the members of the Bar, other stakeholders and the so-called stakeholders both…let them come and give their viewpoint and then we will see what is to be done.”

The Court further observed that the individual conduct which is in issue in the proceeding will continue to be examined as the issue in hand is “very very sensitive issue which is quite disturbing also.”

Senior Advocate Aparajita Singh, appearing for M/s. Cure SMA Foundation of India submitted, “I bow down to what the Court has said…balance the right of free speech with the right of dignity of an individual, which are both Article 21.”

Justice Kant said, “Absolutely, that right to dignity also emanated from that very right that somebody else is claiming…Article 19 cannot overpower Article 21…in the event of any competition…between Article 19 and 21, Article 21 must prevail over Article 19.”

Singh submitted that Article 19 also has limitations. Article 19 is limited by Article 21, she said.

The Court further observed, “...there should not be any single word that is capable of misuse by anyone. One has to keep in mind the eminent domain also. So, the state's power versus the citizens' rights as guaranteed in terms of our Constitution. There has to be a balancing between that.”

The Bench directed Comedians Samay Raina, Vipul Goyal, Balraj Paramjeet Singh, Nishant Tanwar to be present in person on the next date of hearing, while Sonali Thakkar was allowed to appear through video conferencing on account of peculiar circumstances.

Background

The Writ Petitions were filed by YouTubers Ranveer Allahabadia and Ashish Chanchlani seeking clubbing and quashing of FIRs against them in connection with India’s Got Talent.

Podcaster Allahbadia's remarks on parents and sex on comedian Samay Raina's YouTube show 'India's Got Talent' triggered a controversy, and several FIRs have been lodged against him and others in various parts of the country. On February 18, the Apex Court granted interim protection from arrest to Allahbadia and Chanchalani while calling his comments "vulgar" and saying he had "dirty mind" which put the society to shame.

Cause Title: Ranveer Gautam Allahabadia v. Union of India [W.P.(Crl.) No. 83/2025; Diary No. 8375 / 2025] and Ashish Anil Chanchlani v. State of Guwahati [W.P.(Crl.) No. 85/2025; Diary No. 9116/2025]

Click here to read/download Order