Supreme Court to re-evaluate sedition law's constitutionality in India

NEW DELHI: A Constitution Bench of the Supreme Court will examine whether the crime of sedition (Section 124A) violates fundamental rights. Chief Justice D Y Chandrachud has stated that he will decide whether a five-member or seven-member bench is required.

In May 2022, the Supreme Court struck down the offense of sedition (Section 124A) of the Indian Penal Code. The new decision is a follow-up to this. The bench chaired by the Chief Justice is considering petitions to declare the crime of sedition unconstitutional.

This action faced strong opposition from Attorney General R Venkataramani and Solicitor General Tushar Mehta. The examination will assess whether equality, freedom of expression, right to life and personal liberty are denied. In the Kedarnath Singh judgment of 1962, a five-judge bench upheld the constitutionality of the crime of sedition. The correctness of this judgment is now being reviewed by the larger bench.

Section 124A was imposed last year via a stay order, and an FIR was filed. Both the central government and states were instructed not to register cases under it. At that time, the Supreme Court observed that it was a colonial-era law and had been applied against Mahatma Gandhi, Bal Gangadhar Tilak and others.

Central Government Position

Law reform is underway including the revision of the crime of sedition.

For this purpose, the Bharatheeya Nyaya Samhita Bill was introduced in Parliament.

The Indian Penal Code is to be replaced by the Bharatheeya Nyaya Samhita.

The bill is currently under consideration by the Parliamentary Standing Committee.

Court Observations

The offense of sedition (Section 124A) still remains on the statute books, leading to ongoing prosecution proceedings.

The new law will come into effect from the date it is enacted.

The court must make a decision regarding the current cases.

Section 124A of sedition has been replaced by Section 150, which ensures severe punishment for involvement in separatism, armed revolution, threats to the sovereignty, unity and integrity of the country, with rigorous imprisonment for life and a minimum of seven years imprisonment and a fine.

‘The provisions of the Indian Code are worse than they are at present.’

--Kapil Sibal, Counsel for the Petitioners