Will reconsider sedition law, Supreme Court needn't examine its validity: Affidavit by Centre

New Delhi, May 9

Maintaining that Prime Minister Narendra Modi has been cognisant of various views expressed on sedition law, the Centre on Monday told the Supreme Court that it had decided to “re-examine and reconsider” the provisions of Section 124A of the IPC.

“The Government of India, being fully cognisant of various views being expressed on the subject of sedition and also having considered the concerns of civil liberties and human rights, while committed to maintain and protect the sovereignty and integrity of this nation, has decided to re-examine and reconsider the provisions of Section 124A, which can only be done before the competent forum,” the Centre said in an affidavit filed in the top court.

Filed on the eve of the crucial hearing before a three-judge Bench led by CJI NV Ramana to consider if petitions challenging the validity of sedition law should be referred to a seven-judge Bench, the three-page affidavit urged the SC not to invest time in examining the validity of Section 124A—upheld by a five-judge Constitution Bench in Kedar Nath Singh’s case in 1962—once again and await the outcome of its reconsideration by the government.

“The PM believes that at a time when our nation is marking ‘Azadi Ka Amrit Mahotsav’ (75 years of Independence), we need to work even harder to shed colonial baggage…. In that spirit, the government has scrapped over 1,500 outdated laws since 2014-15. It has also ended over 25,000 compliance burdens, which were causing unnecessary hurdles to people. Various offences which were causing mindless hindrances to people have been decriminalised,” the affidavit read.

The Centre sought to highlight the fact that there were divergent views expressed in public by various jurists, academicians, intellectuals and citizens in general. “While they agree about the need for statutory provisions to deal with serious offences affecting the sovereignty and integrity of the country, acts leading to destabilising the government by means not authorised by law or prohibited by law, requiring a penal provision for such purposes is generally accepted by everyone in legitimate state interest,” it noted.

Law used to crush freedom struggle

• The sedition law wasn’t there in original Indian Penal Code that came into force in 1862
• Was added to IPC in 1870 and ambit expanded in 1898 to crush freedom movement
• In July 2021, the CJI asked the AG to clarify if law was needed 75 years after Independence

Upheld in 1962

• Five-judge Bench upheld Section 124A (sedition) in Kedar Nath Singh’s case in 1962
• Three-judge CJI Bench examining if plea challenging the law’s validity be referred to seven-judge Bench

Colonial baggage

The PM believes…. we need to work hard to shed colonial baggage that has passed its utility, which includes outdated colonial laws. — Affidavit in SC