Sedition: An Analysis Of The Constraints Of Freedom Of Speech And Expression

Melissa Joseph, Christ (Deemed to be University)

ABSTRACT

Freedom of speech and expression serves as the cornerstone of every society that is free and democratic. This right raises challenging issues like how much the government should control this right such that there is peace and tranquillity in society. Since the cornerstone of this freedom is the person's autonomy, every limitation on that autonomy is closely scrutinised. However, this right can always be subject to reasonable restrictions to ensure that it is exercised responsibly and equally available to everyone. Section 124A of the Indian Penal Code, 1860, defines sedition as an offence. There is an endless discussion on the applicability of this clause in a sovereign, democratic, republican country. There is a grave concern that the government may misuse this provision to suppress legitimate criticism and dissent. The paper examines the development of sedition throughout the pre- and post-constitutional times to become what it is now. Taking into account the fact that India is the largest democracy in the world and that freedom of speech and expression is the most celebrated fundamental right, the researcher aims to examine the restrictions on the fundamental rights guaranteed by Article 19 of the Constitution and the paper also identifies the issues that still need in-depth discussion and debate.

Keywords: Sedition, Fundamental rights, interpretation, constitutionality, public order