The Constitutionality Of The Sedition Law: Past, Present And Future

Kushala Simha, School of Law, Mahindra University

ABSTRACT

The law of Sedition is vividly discussed cross India for it being a deviation to the Fundamental Right – Right to Freedom of Speech and Expression which is guaranteed by the Constitution of India. My quest for this topic started with the questions of “If speaking critically about the state or the nation can lead to disobey the law of sedition?” and “If any of the catch phrase is used while critically examining of the state and the nation would be a crime with regards to the Law of Sedition in India. The stake of the law of sedition is set on a very high basis of which it is seen to be an exception to the Fundamental right – Right to Freedom of Speech and Expression. Sedition law is now becoming an exceptional example for contempt of the Government than the contempt against the State or Nation. There are many landmark cases that helps us understand the law of sedition, through which we would come to a conclusion on whether the law of sedition works for the largest democratic country in the world- India. Recently the apex court was in the process of reviewing this law as it was more in favour to the government and the central government has been defending this provision which is to be colonial. The law of sedition is perhaps is not clear with its constitutionality, as it is unreasonably restricting the above-mentioned fundamental right of the public.