Review of sedition law at final stage: Centre to Supreme Court

New Delhi, May 1

The Supreme Court on Monday deferred to August hearing on petitions challenging the colonial-era law on sedition under Section 124A of the Indian Penal Code after the Centre said it was at an advanced stage of consultation on review of the controversial provision.

Attorney General R Venkataramani told a Bench led by Chief Justice of India DY Chandrachud that the Centre had initiated the process to re-examine the law on sedition and said the consultation process was at the advanced stage.

Noting that it would be shown to him before it went to Parliament, Venkataramani urged the top court to post the matter for further hearing after the monsoon session of Parliament and, accordingly, the Bench deferred the hearing to the second week of August.

As senior counsel Gopal Sankaranarayanan requested the court to constitute a seven-judge Bench to decide the constitutional issues involved, the Bench said it would have to be first placed before a five-judge Bench.

In a historic order, the Supreme Court on May 11, 2022, put sedition law on hold and asked the Centre and states not to register any cases under Section 124A of the IPC pending an exercise to review the colonial law.

“If any fresh case is filed under Section 124A IPC, the accused can approach the court concerned for relief,” it had said, adding its direction should remain in force until further orders.

Section 124A says a person commits the crime of sedition if he/she brings or attempts to bring in hatred or contempt, or excites or attempts to excite disaffection towards the government established by law in India. It can be by words, either spoken or written, or by signs, or by visible representation, or otherwise. It prescribes the maximum punishment of life imprisonment.

The law on sedition was not there in the original IPC, which came into force in 1862. It was added to the Code in 1870 and its ambit was expanded in 1898 to crush the freedom movement.

While upholding the validity of Section 124A of the IPC, a five-judge Constitution Bench had in Kedarnath Singh’s case (1962) restricted the scope of sedition law by prescribing certain safeguards.

Colonial-era legislation

• In July 2021, the SC had asked Attorney General if law on sedition under Section 124A of IPC was still needed after 75 years of Independence
• The law was not there in original IPC, which came into force in 1862; was added in 1870; its ambit expanded in 1898 to crush freedom movement