Should Pleas Against Sedition Law Be Referred to a Larger Bench? SC to Examine
2 years, 8 months ago

Should Pleas Against Sedition Law Be Referred to a Larger Bench? SC to Examine

The Quint  

Article 19 of the Constitution deals with Freedom of Speech and Expression. 19 says: Nothing in sub clause of clause shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence. To assess whether the offence of sedition was constitutional, therefore, the court looked to the legislature's ability to impose reasonable restrictions on this right under Article 19. Given that Article 19 allowed reasonable restrictions in the interest of public order, the court held that Section 124A could be constitutional if it were interpreted to mean that it can only be invoked where there was a threat to public order, through the incitement of violence. Sibal, therefore, pointed out on Thursday: “We are not challenging power of government to frame law to restrict freedom of speech, we’re challenging right of government to restrict from holding protest against government.”

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History of this topic

Supreme Court defers sedition plea hearing
1 year, 4 months ago

Supreme Court defers sedition plea hearing

Deccan Chronicle  

New Delhi: The Supreme Court on Tuesday referred to a constitution bench of at least five judges a batch of pleas challenging the constitutional validity of the IPC provision on sedition, a month after the Centre introduced in Parliament bills to replace the colonial-era penal statutes IPC, CrPC and the Evidence Act, proposing among other things the repeal of the …

SC Refers Sedition Law Validity Case to Larger Bench
1 year, 4 months ago

SC Refers Sedition Law Validity Case to Larger Bench

News 18  

The Supreme Court on Tuesday referred the case regarding the Constitutional validity of sedition law to a larger bench. On August 11, in a landmark move to overhaul colonial-era criminal laws, the Centre had introduced in the Lok Sabha three bills to replace the IPC, CrPC and the Indian Evidence Act, proposing among other things the repeal of sedition law …

Supreme Court Refers Sedition Law Challenge To Larger Bench
1 year, 4 months ago

Supreme Court Refers Sedition Law Challenge To Larger Bench

Live Law  

The Supreme Court on Tuesday referred the petitions challenging the sedition law to a bench of at least 5-judges.A three-judge bench led by Chief Justice of India DY Chandrachud said that a reference to a larger bench was needed as the provision was upheld by a 5-judge bench in the 1962 judgment Kedar Nath Singh v. State of Bihar. A …

Law Commission's Report on Sedition Puts Personal Liberty at Stake
1 year, 6 months ago

Law Commission's Report on Sedition Puts Personal Liberty at Stake

The Quint  

The Supreme Court's decision in Kedar Nath Singh v. Bihar, which held that the provision can only be invoked in cases where alleged seditious acts lead to, or tend to lead to, violence or public disorder, has been incorporated into the Law Commission's recommendation. However, the proposed amendment's language is more expansive, and if it were to be adopted, it …

End the debate: The Hindu Editorial on the Law Commission’s recommendation on sedition
1 year, 7 months ago

End the debate: The Hindu Editorial on the Law Commission’s recommendation on sedition

The Hindu  

The Law Commission’s recommendation that the offence of sedition be retained in penal law, albeit with some safeguards, flies in the face of current judicial and political thinking that the country may not need this colonial vestige any more. Section 124A of the IPC, which describes sedition, seeks to punish speech or writing that brings or tries to bring into …

Top court must strike down the sedition law
1 year, 7 months ago

Top court must strike down the sedition law

Hindustan Times  

Last year, during the hearing of a constitutional challenge to the validity of the offence of sedition, the government urged the Supreme Court to defer consideration on the basis that the issue was under review. Last week, the first fruits of the government’s review process were made public: The Law Commission of India published a report where it not only …

Law Commission's Report on Sedition Ignores Free Speech, Lacks Depth
1 year, 7 months ago

Law Commission's Report on Sedition Ignores Free Speech, Lacks Depth

The Quint  

The 279th report proposes that the scope of sedition be expanded to include even speech which does not incite any violence or public disorder but which may have a “tendency” to do so. In doing so, the Commission completely misreads the Constitution Bench judgement of Kedar Nath Singh v State of Bihar and outrightly ignores subsequent jurisprudence which has interpreted …

Re-examination of sedition law in motion, consultations in final stage, Govt informs SC
1 year, 8 months ago

Re-examination of sedition law in motion, consultations in final stage, Govt informs SC

The Hindu  

The government in the Supreme Court on May 1 said it has initiated the "process of re-examination" of Section 124A of the Indian Penal Code and consultations are in its "final stage". In May last year, the court, in an interim order, had suspended the use of Section 124A, stalling pending criminal trials and court proceedings under Section 124A across …

Sedition: Centre tells Supreme Court government likely to re-cast colonial-era law
1 year, 8 months ago

Sedition: Centre tells Supreme Court government likely to re-cast colonial-era law

India Today  

The Centre on Monday told the Supreme Court that the process of re-examining Section 124 A of the Indian Penal Code, which criminalises sedition, is at an advanced stage and the revised law is likely to be tabled in the Monsoon session of Parliament. Recording the submission of the top law officer of the government, the bench said, "The Attorney …

SC to hear pleas challenging constitutional validity of sedition law
2 years ago

SC to hear pleas challenging constitutional validity of sedition law

Deccan Chronicle  

New Delhi: Nearly seven months after putting on hold the law on sedition, the Supreme Court is scheduled to hear a batch of petitions challenging the colonial-era penal law on Monday when the Centre is likely to apprise it of the developments, if any, made while re-examining the provision. In a path-breaking order, the top court had on May 11 …

Order putting sedition law on hold to continue; SC grants time to Centre
2 years, 2 months ago

Order putting sedition law on hold to continue; SC grants time to Centre

The Hindu  

An interim order putting on hold the contentious sedition law and the consequential registration of FIRs will continue as the Supreme Court granted additional time to the Centre on Monday to take "appropriate steps" with regard to the reviewing of the colonial-era provision. A bench of Chief Justice Uday Umesh Lalit and justices S. Ravindra Bhat and Bela M. Trivedi …

In abeyance of Section 124A, a provisional relief
2 years, 8 months ago

In abeyance of Section 124A, a provisional relief

The Hindu  

In a brief order delivered in S.G. Vombatkere vs Union of India, a three-judge Bench of the Supreme Court of India effectively suspended the operation of Section 124A of the Indian Penal Code. Now, through an order on May 11, the Court has directed governments, both at the level of the Union and the States, to keep “all pending trials, …

Nobody should cross ‘Lakshman Rekha’, says Law Minister after Supreme Court freezes sedition law
2 years, 8 months ago

Nobody should cross ‘Lakshman Rekha’, says Law Minister after Supreme Court freezes sedition law

The Hindu  

Nobody should cross the ‘Lakshman Rekha’ and the court should respect the government and the legislature just as the government respects the court, Law Minister Kiren Rijiju said on Wednesday after the Supreme Court stayed the sedition law, while the Opposition parties welcomed the order. All this under the watchful eyes of the UPA!” Responding to the Law Minister’s ‘Lakshman …

SC puts sedition law on hold, asks Centre, states to refrain from filing FIRs | Read what court said
2 years, 8 months ago

SC puts sedition law on hold, asks Centre, states to refrain from filing FIRs | Read what court said

India Today  

The Supreme Court on Wednesday stayed the invocation of the sedition charge until the provisions of the law under Section-124 of the Indian Penal Code are examined. While hearing the petitions challenging the validity of the law on sedition, Chief Justice of India NV Ramana-led Bench said, "We expect that till re-examination of this law is complete it will not …

SC freezes law of sedition for now
2 years, 8 months ago

SC freezes law of sedition for now

Deccan Chronicle  

New Delhi: Brushing aside the Centre’s opposition to putting the sedition law on hold, the Supreme Court on Wednesday restrained the Centre and state governments from registering fresh cases under Section 124A of the Indian Penal Code. Applying the brakes on the invocation of the sedition law and allowing the Union government to “re-examine and reconsider” the provisions of Section …

'Govt Doing What Nehru Couldn't': Centre tells Supreme Court on Re-examining Sedition Law
2 years, 8 months ago

'Govt Doing What Nehru Couldn't': Centre tells Supreme Court on Re-examining Sedition Law

News 18  

India’s first prime minister Jawaharlal Nehru, on Tuesday, found a mention in the Supreme Court during the hearing of pleas challenging the sedition law. Senior advocate Kapil Sibal, who was representing the petitioners arguing about the misuse of sedition law, said that former PM Nehru had echoed similar thoughts regarding Section 124A, which criminalises sedition. We are trying to do …

Sedition- Supreme Court Hearing On Constitutional Validity Of Section 124A IPC- Live Updates
2 years, 8 months ago

Sedition- Supreme Court Hearing On Constitutional Validity Of Section 124A IPC- Live Updates

Live Law  

A bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli to continue hearing TODAY on the petition challenging the Constitutional validity of Section 124A of Indian Penal Code which deals with the law of Sedition in India.The Supreme Court on Tuesday asked the Central Government why it cannot issue a direction to the …

Sedition- Supreme Court Hearing On Constitutional Validity Of Section 124A IPC- Live Updates
2 years, 8 months ago

Sedition- Supreme Court Hearing On Constitutional Validity Of Section 124A IPC- Live Updates

Live Law  

A bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli to continue hearing TODAY on the petition challenging the Constitutional validity of Section 124A of Indian Penal Code which deals with the law of Sedition in India.The Supreme Court on Tuesday asked the Central Government why it cannot issue a direction to the …

Will re-examine sedition law: Centre to Supreme Court
2 years, 8 months ago

Will re-examine sedition law: Centre to Supreme Court

Deccan Chronicle  

New Delhi: Just one day ahead of the hearing on whether the challenge to the constitutional validity of the sedition law should be heard by a larger five-judge Constitution Bench, the Central government on Monday told the Supreme Court it had decided to “re-examine and reconsider” the provisions of the colonial-era law, and urged the court not to go ahead …

Sedition law need not be revisited, government tells Supreme Court
2 years, 8 months ago

Sedition law need not be revisited, government tells Supreme Court

The Hindu  

A 1962 Constitution Bench judgment of the Supreme Court, which upheld the validity of the sedition law, “must be treated as a binding precedent” that has withstood the test of time, the Centre told the Supreme Court in a written note on Saturday. The note by the government, settled by Solicitor General Tushar Mehta and drafted by the Centre’s panel …

SC to examine whether Constitution Bench should hear sedition challenge
2 years, 8 months ago

SC to examine whether Constitution Bench should hear sedition challenge

The Hindu  

A 60-year-old Constitution Bench judgment validating sedition law led a three-judge Bench headed by Chief Justice of India N.V. Ramana on Thursday to pause to examine if petitions challenging the colonial provision should be referred to a larger Bench of five or seven judges of the court. The 1962 judgment in Kedar Nath versus State of Bihar delivered by a …

Supreme Court to examine on 10 May if sedition law plea should be heard by larger bench
2 years, 8 months ago

Supreme Court to examine on 10 May if sedition law plea should be heard by larger bench

Firstpost  

The Supreme Court had agreed to examine the pleas, saying its main concern was the ‘misuse of law’ leading to rise in number of cases New Delhi: The Supreme Court on Thursday said it would hear arguments on 10 May, 2022, on the legal question whether the pleas challenging the colonial era penal law on sedition be referred to a …

SC to hear pleas to scrap the sedition law today: Explaining the British-era offence and how it's being 'misused'
2 years, 8 months ago

SC to hear pleas to scrap the sedition law today: Explaining the British-era offence and how it's being 'misused'

Firstpost  

The Apex court last year had asked the Centre why it was not repealing the colonial-era law used by the British to silence people like Mahatma Gandhi to suppress the freedom movement, as it expressed concern over the misuse of the provision A Supreme Court bench is scheduled to hear on Wednesday a batch of petitions challenging the constitutional validity …

In Supreme Court Today, Pleas to Scrap Sedition Law. A Look at History of the Provision & What It Means
2 years, 8 months ago

In Supreme Court Today, Pleas to Scrap Sedition Law. A Look at History of the Provision & What It Means

News 18  

A three-judge bench of Chief Justice NV Ramana and Justices Surya Kant and Hima Kohli of the Supreme Court is scheduled to hear on Wednesday a batch of petitions challenging the constitutional validity of the sedition law. In April last year, the top court had asked the Centre why it was not repealing the provision used by the British to …

"Misguided One Community With Resentment, Hatred Towards Others:": Delhi Court On Framing Sedition Charges Against Sharjeel Imam
2 years, 11 months ago

"Misguided One Community With Resentment, Hatred Towards Others:": Delhi Court On Framing Sedition Charges Against Sharjeel Imam

Live Law  

"Prima facie, the religious groups are sought to be divided on emotive issues and one community is sought to be guided in a particular way of resentment, ill­will and hatred towards others which can then be remedied by a plan of action which will result in violence," said a Delhi Court while framing sedition charges against Sharjeel Imam. The Court …

"Misguided One Community With Resentment, Hatred Towards Others:": Delhi Court On Framing Sedition Charges Against Sharjeel Imam
2 years, 11 months ago

"Misguided One Community With Resentment, Hatred Towards Others:": Delhi Court On Framing Sedition Charges Against Sharjeel Imam

Live Law  

"Prima facie, the religious groups are sought to be divided on emotive issues and one community is sought to be guided in a particular way of resentment, ill­will and hatred towards others which can then be remedied by a plan of action which will result in violence," said a Delhi Court while framing sedition charges against Sharjeel Imam. The Court …

Sedition Law Hinders Full Realization Of Free Press: Journalists Patricia Mukhim and Anuradha Bhasin Move Supreme Court Against Section 124A IPC
3 years, 5 months ago

Sedition Law Hinders Full Realization Of Free Press: Journalists Patricia Mukhim and Anuradha Bhasin Move Supreme Court Against Section 124A IPC

Live Law  

Another petition has been filed before the Supreme Court challenging the constitutional validity of the offence of sedition as codified in Section 124A of the Indian Penal Code. The petition has been filed by two women journalists, Patricia Mukhim and Anuradha Bhasin, claiming that the use of sedition offence to intimidate, silence and punish journalists, has continued unrestrained and the …

Overdue review: The Hindu Editorial on the sedition law
3 years, 5 months ago

Overdue review: The Hindu Editorial on the sedition law

The Hindu  

It is gratifying to note that the Supreme Court, while indicating its intention to reconsider the sedition provision in the Indian Penal Code, has raised the question most relevant to the issue: “ Why does Section 124A continue in the statute book even after 75 years of independence? The issues flagged by the Chief Justice of India may set the …

Supreme Court agrees to examine fresh plea challenging sedition law
3 years, 6 months ago

Supreme Court agrees to examine fresh plea challenging sedition law

The Hindu  

The Supreme Court will examine a petition filed by a retired Army General, who said a nearly 60-year-old judgment of the court that helped sedition survive in the Indian Penal Code was behind time and needed a relook. 'Criticism is not sedition': SC quotes 1962 ruling The petitioner argues that the 1962 judgment in the Kedar Nath case, which upheld …

Sedition : Army Veteran Moves Supreme Court Challenging Section 124A IPC; Plea To Be Heard Tomorrow
3 years, 6 months ago

Sedition : Army Veteran Moves Supreme Court Challenging Section 124A IPC; Plea To Be Heard Tomorrow

Live Law  

Army veteran Major-General SG Vombatkere has approached the Supreme Court challenging the constitutionality of the offence of sedition under Section 124A of the Indian Penal Code for being 'vague' and creating a 'chilling effect on free speech'. The plea, filed on behalf of Major-General SG Vombatkere through Advocate Prasanna S, submits that Section 124A of the IPC is ultra vires …

What's The Lakshman Rekha For 124A?
3 years, 6 months ago

What's The Lakshman Rekha For 124A?

Live Law  

The recent action of filing an FIR on charges of sedition by the Andhra Pradesh government against MP Raghurama Krishna Raju and also on news networks for airing such information reminds us of colonial period rule. The section was first brought up for consideration after independence in the landmark case of Romesh Thapar v. State of Madras The Apex Court …

The law of sedition is unconstitutional
3 years, 6 months ago

The law of sedition is unconstitutional

The Hindu  

In Vinod Dua’s case, the Supreme Court of India has reaffirmed the law of sedition laid down in Kedar Nath Singh and directed governments to adhere to it. In the Bangobasi case in 1891, Bal Gangadhar Tilak’s case in 1897 and 1908 and Mahatma Gandhi’s case in 1922, the High Courts, and ultimately the judicial committee of the Privy Council, …

SC to Examine Validity of Sedition Law After PIL Calls it Unconstitutional, Seeks Centre's Response
3 years, 8 months ago

SC to Examine Validity of Sedition Law After PIL Calls it Unconstitutional, Seeks Centre's Response

News 18  

The Supreme Court Friday sought response from the Centre on a plea challenging the Constitutional validity of sedition law. A bench Justice U U Lalit, Justice Indira Banerjee and Justice KM Joseph were hearing a plea challenging section 124-A of the Indian Penal Code, 1860, which penalises the crime of sedition. The petition also argued that the vagueness of Section …

Supreme Court agrees to hear plea challenging sedition law
3 years, 8 months ago

Supreme Court agrees to hear plea challenging sedition law

India Today  

The Supreme Court has agreed to hear a plea challenging the legal validity of Section 124A of the Indian Penal Code that deals with the offence of sedition. The sedition law has been challenged by two journalists -- Kishorechandra Wangkhemcha from Manipur and Kanhaiya Lal Shukla from Chhattisgarh -- on the grounds that the law violates the fundamental right of …

Disagreeing with govt is not sedition, says SC
3 years, 10 months ago

Disagreeing with govt is not sedition, says SC

Hindustan Times  

It is not seditious to have views different from the government, the Supreme Court said on Wednesday as it junked a petition that sought action against former Jammu & Kashmir chief minister Farooq Abdullah for his comments on the scrapping of Article 370 and the bifurcation of the state into two Union territories. The word “sedition” disappeared from the Constitution …

A colonial relic: The Hindu Editorial on need to scrap sedition law
3 years, 10 months ago

A colonial relic: The Hindu Editorial on need to scrap sedition law

The Hindu  

A sessions court in Delhi has affirmed the belief that a dispassionate scrutiny of outlandish claims by the police is necessary for protecting the liberty of those jailed on flimsy, often political, reasons. Rejecting the purported evidence presented by the Delhi Police against climate change activist Disha Ravi, as “scanty and sketchy”, Judge Dharmender Rana has granted bail to the …

"Section 124A IPC Is A Threat To Fundamental Rights" : Plea In Supreme Court Challenges The Constitutional Validity Of Sedition Law
3 years, 11 months ago

"Section 124A IPC Is A Threat To Fundamental Rights" : Plea In Supreme Court Challenges The Constitutional Validity Of Sedition Law

Live Law  

A plea has been filed before the Supreme Court urging it to declare the law against Sedition under section 124-A of the Indian Penal Code as ultra-vires the Constitution of India. The petitioners, Advocates Aditya Ranjan, Varun Thakur and V. Elenchezhiyan, have filed the plea being aggrieved by the increased chilling effect of blatant misuse of section 124-A of IPC …

'You Can be Arrested on Basis of a Fairy Tale': Former SC Judge Says Sedition Laws Now 'Weaponised'
4 years, 3 months ago

'You Can be Arrested on Basis of a Fairy Tale': Former SC Judge Says Sedition Laws Now 'Weaponised'

News 18  

Law is being misused to curb free press and speech, former Supreme Court judge Madan B Lokur said on Monday, adding that a lethal cocktail of use and misuse of law “is being used to impact adversely the liberty of all those who dare to speak up”. The former apex court judge was especially critical of weaponising of the sedition …

Centre using sedition law to curb free speech, says former Supreme Court justice MB Lokur
4 years, 4 months ago

Centre using sedition law to curb free speech, says former Supreme Court justice MB Lokur

Firstpost  

Speaking on the contempt of court issue related to lawyer Prashant Bhushan, the former apex court judge said his statements were misread New Delhi: The government is using the sedition law with an iron hand to curb free speech in an overreaction to people’s opinion, former Supreme Court justice MB Lokur said on Monday. Another method by which the State …

Prashant Bhushan case, free speech, ‘hate speech’ and the right to dissent
4 years, 4 months ago

Prashant Bhushan case, free speech, ‘hate speech’ and the right to dissent

Live Mint  

On 14 August, the eve of Independence Day, the Supreme Court held advocate Prashant Bhushan guilty of contempt of court for two tweets. Over the last few years, questions about free speech, “hate speech”—there is currently a political slugfest about Facebook India's action, or inaction, against it—and the use of the sedition provision in law have been raised repeatedly. He …

Amid the pandemic, censorship in India can be dangerous
4 years, 8 months ago

Amid the pandemic, censorship in India can be dangerous

Al Jazeera  

India is fighting on two fronts right now – the global pandemic and an escalating humanitarian crisis of millions of migrant workers battling hunger and homelessness due to the lockdown. In 1897, during the outbreak of the bubonic plague in India, a prominent freedom fighter, Bal Gangadhar Tilak, became the first person to be convicted for an act of sedition …

How the sedition law has become a weapon to muzzle dissent
4 years, 10 months ago

How the sedition law has become a weapon to muzzle dissent

India Today  

A week is fast becoming a long time without a sedition case being slapped on one pretext or another on Indian citizens. Although the sedition law, Section 124A, is an archaic one enshrined in the antiquated Indian Penal Code, the National Crime Records Bureau began recording data on this only in 2014. "Neither the sedition law, much less any other …

The right to criticise: the sedition judgment on Kishorechandra Wangkhem
5 years, 9 months ago

The right to criticise: the sedition judgment on Kishorechandra Wangkhem

The Hindu  

In its judgment dated April 8, the Manipur High Court ordered the release of journalist Kishorechandra Wangkhem, who was charged with sedition under the National Security Act for criticising the Chief Minister. In Kedar Nath Singh v. State of Bihar, the Supreme Court held that mere criticism of the government is not sedition unless it is an incitement to violence …

Muffled voices
5 years, 11 months ago

Muffled voices

The Hindu  

T he space for dissent in Tamil Nadu, a supposedly progressive State, has shrunk to a significant extent. Early morning intrusions and late night arrests from our homes and fields are making Tamil Nadu an authoritarian State.” Draconian laws like the Unlawful Activities Act, the Goondas’ Act and Section 153 of the Indian Penal Code, which allow peremptory detention, come …

The Law Commission on sedition
5 years, 11 months ago

The Law Commission on sedition

The Hindu  

In a consultation paper released last year, the Law Commission said: “In a democracy, singing from the same songbook is not a benchmark of patriotism. “While it is essential to protect national integrity, it should not be misused as a tool to curb free speech. Therefore, every restriction on free speech and expression must be carefully scrutinised to avoid unwarranted …

Instrument of oppression
5 years, 11 months ago

Instrument of oppression

The Hindu  

“Section 124A, under which I am happily charged, is perhaps the prince among political sections of the Indian Penal Code designed to suppress the liberty of the citizen. Observers were, however, doubtful whether the Delhi government would easily oblige the Delhi Police in view of the power struggle between the elected government in Delhi and the Lieutenant Governor of Delhi, …

Sedition Law Used To Curb Political Dissent : Law Commission Calls For Relook On Sec 124A IPC
6 years, 4 months ago

Sedition Law Used To Curb Political Dissent : Law Commission Calls For Relook On Sec 124A IPC

Live Law  

"For merely expressing a thought that is not in consonance with the policy of the Government of the day, a person should not be charged under the section", stated the Consultation Paper issued by the Law Commission of India calling for redefinition of sedition, which is made punishable by Section 124A of the Indian Penal Code, 1860. The Commission headed …

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