Law Of Sedition In India: A Detailed Analysis

Siddharth Shekhar, University of Petroleum and Energy Studies, Dehradun

INTRODUCTION

Freedom of speech is considered an essential milestone of a democracy. It is a fundamental right and Article 19(1)(a) of the Constitution of India guarantees freedom of speech and expression but these rights are not absolute and are subject to reasonable restrictions mentioned under Article 19(2) to 19(6). However, the term “reasonable restriction” is to be nowhere defined under the Constitution and this is where the Judiciary steps and interpret the term. Over time, the Supreme Court, via different judgments has laid down various test and principles pertaining to these reasonable restrictions and this always sparks a debate among jurists specially when it comes to the law of sedition. In considering the reasonableness of laws imposing restrictions on fundamental right, a court should take into account various factors, which are the nature of the right alleged to have been infringed; the underlying purpose of the restrictions imposed; the extent and urgency of the evil sought to be remedied thereby; the disproportion of the imposition; and the prevailing conditions at the time.