Abhishek Johnson & Adeeb Kafeel. M, B.com LL.B, Govt. Law College, Ernakulam, Kerala
ABSTRACT
The term sedition is not something new in the contemporary context of Indian politics. It has been used to shut the mouth of government critics since its inception. The constitutionality of sedition law has always been a hot topic among the activists and journalists. The liberal sphere of the democracy often argue to revoke and repeal this draconian and obsolete section from the penal codes. It is mostly argued that dissents and critics should be wholeheartedly welcomed for a smooth performance of democracy. There is no space for sedition and similar laws in this modern democratic world. In a country like India, every individual is vested with right to freedom of speech and expression and the minority arguments are much acknowledged. Even though there is reasonable restrictions imposed under constitution of India it has always been questioned under suspicion.
Whereas the right sphere often concern about the public morality and national security. So they argue to continue the charging of sedition in certain circumstances. But the certain restrictions imposed are often misused by the governments for their political agendas. United Kingdom, from where we have adopted sedition, has repealed sedition recently in 2009 and it also questions the validity of sedition laws in India legal context. As rule of law prevails mostly under Indian legal context, the charging of sedition unanimously can’t be considered constitutional.
This research paper deals with sedition, its history, the first amendment, other countries stand on it and misuse of the section.
Keywords: Freedom of speech, democracy, freedom of expression, Fundamental Rights, Reasonable restrictions
