- Research/Scholar Paper name – “Sedition Law in India: Under Temporary Suspension“
- Author: ASHI PANDEY
- Institution: BABU BANARASI DAS UNIVERSITY
- Affiliation: Centre for Study of Contemporary Legal Issues
- Date of Publication: 04/08/2022
In India Constitution is supreme which aids in maintaining peace, harmony and integrity as well as is followed while making laws, policies, acts etc. Indian Constitution incorporates various freedoms and rights guaranteed, duties which are imposed on the citizen of India. One of such rights is enshrined under Article 19(1)(b) which gives the freedom of speech and expression, it allows the people of India to express themselves freely. Although it is not an absolute right and reasonable restrictions can be imposed in cases such as when the freedom of speech and expression poses threat to the security or sovereignty of the nation. Sedition is a result of such restriction which is enunciated under Section 124-A of the Indian Constitution it prohibits any statement, whether written or oral or any visual representation that brings the Government of India into hatred. The provision of sedition under Indian constitution has been a very contentious topic and questions have been raised on its constitutionality. When there is a serious threat to the nation’s security and sovereignty, the law should be used. However, the law is weaponized against political rivalry and used to stifle free speech. Every time they ran into criticism from the public or protests, it has been a de facto tactic for many ruling regimes for years. The law is perceived as a restriction on the right to free speech and expression and hence there have been many cases regarding its constitutionality that whether the said provision is in accordance with the Fundamental Rights or not. Many people including common man and parliamentarians consider Sedition as an injury to the right of free speech and expression enshrined in the Constitution. The government has employed the sedition statute as an instrument to indiscriminately exercise authority and control over the thoughts of its people. Time and again the provision of Sedition is under consideration, presently there have been many cases filed upon the misuse of sedition and the Honourable Supreme Court has for now kept the said provision under abeyance. The Supreme Court examined the colonial-era law of sedition and suspended any pending prosecutions, processes, or appeals related to it. The administration wants to reconsider the sedition statute, Attorney General Venugopal informed the Supreme Court.