Shrinkhala Singh, Dr. Ram Manohar Lohia Avadh University
Shubham Kumar Rai, Babasaheb Bhimrao Ambedkar University
ABSTRACT
The evaluation of an Act or a law is done through the attribution of its fair execution, but the contemporary shift in misuse of a colonial law has an excessive impact on the tranquility of the nation, so as is the case with the Sedition law which has hampered the freedom of speech and expression and is put to erroneous use of the same, which has somewhat disorganized the systematic application of the law. Section 124A has its own extraordinary period of journey from 1870 to its abeyance in the year 2022, which would certainly trace an affirmative point of view against the disharmony which has been caused because of it; a logical use of Bentham‟s utilitarian notion with least means of evasion shall be the ultimate object for a law. But the current scenario is how the government of the country has interpreted the term „disaffection‟ and the unethical accommodation of the term has caused major problems in the society, the words shall be interpreted by the ethical rules and regulations of the legislature, the encroachment of powers by the government, that evidently be traced, in the legislature and judiciary might be harmful which shall be repudiated. The changing aspects of the law shall not affect the basic genesis of the sec. 124A and shall evenly describe the means and ends of the statute without any further embezzlement of the law. This research paper aims to answer whether the national security laws are being practiced in just and reasonable manner so that it causes minimum friction in the society and how the shift in trend of section 124A would affect the citizen‟s right to practice their fundamental right.
Keywords: Section 124A, Freedom of speech and expression, encroachment, utilitarian notion, disaffection.
