Tracing The Judicial Discourse On Sedition Law Through The Years

Tracing The Judicial Discourse On Sedition Law Through The Years In The Backdrop Of The Indian National Movement: A Case For A Strict Reading Down Of The Law In Light Of Constitutional Principles And Judicial Decisions

Shivangi Tripathi, Assistant Professor, Galgotias University Greater Noida

ABSTRACT

The offence of Sedition as envisaged under Section 124-A of the Indian Penal Code, 1860, in its current form, does not serve the democratic purpose that is purported to. The provision is once again and currently under judicial scrutiny in the Supreme Court of India as a subject matter in the case of S.G. Vombatkere v. Union of India. The case has bought to fore the long-standing debate regarding the constitutionality of the provision. This essay is an attempt to look at the judicial interpretation of the provision through the lens of the Indian National Movement and how it had affected the earlier decisions of the court regarding this law. The importance of free speech in any democracy is undeniable but at the same time, the unity, integrity and sovereignty of a nation is of paramount importance. Hence, the author has attempted to resort to social engineering and put into perspective how the ideals of the Indian National Movement and of the Constitution of India, as interpreted in various judicial decisions, should guide the course of the fate of this colonial era rule so that the democracy of the country may be saved along with securing the interests of the state.

Keywords: Sedition, Article 19(1)(a), Fundamental Duties, Disaffection, Cognizable.