Karnataka Governor Reserves Hate Speech Bill for Presidential Assent

Karnataka Governor Thaawar Chand Gehlot has reserved the Karnataka Hate Speech and Hate Crimes (Prevention) Bill, 2025 for the consideration and assent of the President, citing serious constitutional, legal and procedural concerns. The move pauses the enactment of the legislation passed by the state legislature during its winter session in Belagavi in December 2025.

Use of Constitutional Powers by the Governor

The Governor has exercised powers under Articles 200, 201 and 254 of the Constitution of India to forward the Bill for presidential assent. These provisions allow a Governor to reserve a Bill if it appears to conflict with the Constitution or with existing Central laws. The decision signals that the proposed law raises issues beyond the state’s legislative competence.

Key Provisions of the Proposed Law

The Bill seeks to prevent hate speech and hate crimes in Karnataka by defining hate speech as any expression that causes injury or disharmony against an individual or group based on religion, race, caste, gender, sexual orientation, place of birth or disability. It empowers the state government to regulate internet content, including blocking or removing material deemed hateful, and significantly enhances punishments, fines and the scope of offences.

Expanded Punishments and Organisational Liability

Under provisions aligned with Bharatiya Nyaya Sanhita Sections 196(1) and 196(2), imprisonment may extend up to seven years even for first-time offences. Financial penalties include a fine of ₹50,000 for a first offence and up to ₹1 lakh for repeat offences. The Bill also introduces collective and organisational liability, making office-bearers and leaders of registered and unregistered organisations accountable for hate speech linked to events or activities conducted under their banner.

Important Facts for Exams

• Governor can reserve a state Bill for presidential assent under Articles 200 and 201.
• The Bill defines hate speech across multiple identity markers.
• Several offences are shifted from bailable to non-bailable.
• Organisational and leadership liability is a key feature.

Concerns Over Vagueness and Due Process

The Governor flagged concerns over the wide and vague definition of hate speech, which could potentially include natural speech, academic discussion or intellectual criticism. The Lok Bhavan reportedly received 40 representations opposing the Bill, citing fears of misuse and arbitrary enforcement. Procedural shortcomings were also noted, including limited public consultation, lack of interdepartmental deliberation and inadequate discussion within the Assembly, raising questions over possible violations of Articles 14, 19 and 21 of the Constitution and repugnancy with Central laws.