IAS Gyan

Daily News Analysis

Voicing dissent against govt. is not sedition: SC  

4th March, 2021 Polity

Context: The Supreme Court said that voicing dissent against the government does not amount to sedition while rejecting a plea to “terminate” the Lok Sabha membership of National Conference leader Farooq Abdullah and book him for sedition.

 

Section 124A of the Indian Penal Code:

  • Section 124A of the Indian Penal Code lays down the punishment for sedition. The Indian Penal Code was enacted in 1860, under the British Raj.
  • Sedition: Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government estab­lished by law shall be punished.
  • The validity of the provision itself was upheld by a Constitution Bench in 1962, in Kedarnath Singh vs State of Bihar.
  • That judgment went into the issue of whether the law on sedition is consistent with the fundamental right under Article 19 (1) (a) which guarantees each citizen’s freedom of speech and expression.
  • The Supreme Court laid down that every citizen has a right to say or write about the government, by way of criticism or comment, as long as it does not “incite people to violence” against the government established by law or with the intention of creating public disorder.

 

https://www.thehindu.com/todays-paper/voicing-dissent-against-govt-is-not-sedition-sc/article33984574.ece