No Fundamental Right to claim removal of PM's photo from COVID-19 vaccine certificate, says Kerala HC

The Kerala High Court made a note that people cannot claim any Fundamental Right over removal of Prime Minister Narendra Modi's photograph from Covid-19 vaccination certificates.

Bench of Chief Justice S Manikumar and Justice Shaji P Chaly were looking into an appeal against a single-judge's order which had dismissed a Public Interest Litigation seeking removal of the Prime Minister's photograph from the certificates issued for paid vaccinations on the ground that the same violates the freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution, as mentioned by barandbench.com

"However, a citizen is not entitled as of right to ask the Government of India to remove the inscriptions and photograph of the Prime Minister from the Certificate exercising rights under the said article, because according to us such a claim is never a fundamental right envisaged thereunder." the Kerala High Court.

The contention raised by the appellant was that the national campaign against Covid-19 was being used as a media campaign for the PM, however, this say was discarded by Court.

The judgement read, "It is not the fundamental right of an individual that concerns the Government of India, but the fundamental rights enjoyed by the larger public, is the concern in a situation like the instant COVID 19 Pandemic. An individual right on the basis of the guaranteed fundamental right under Part III of the Constitution of India is subservient to the larger public interest when any volatile situation has engulfed the nation and the entire world."