The right to freedom of speech and expression guaranteed by the Constitution of India also guards against Compelled Speech. Freedom to speak includes freedom not to speak and to speak using words of one’s choice. The right not to be compelled by the State to use certain words or language is inherent in Article 19 of our Constitution. Although the Handbook has no statutory or constitutional backing and it does not purport to be binding, it carries a lot of weight, coming from the Supreme Court.
The new Handbook of the Supreme Court rightly states that words “shape narratives and influence societal attitudes”. That is exactly what some Judges are trying to do through the Handbook, to shape narratives and push a political ideology through the Supreme Court. This is nothing but tyranny of the unelected. Lawyers and other Judges must resist such attempts in the interest of the institution of Judiciary.