DAILY NEWS ANALYSIS

GS-II : Governance Law and Order

07 June, 2021
5 Min Read

Sedition and freedom of speech

Introduction

The Supreme Court’s rulings on cases of sedition give hope the law will be re-examined

What constitutes a sedition

Mere criticism: It has long been recognised that strident criticism of the government will not amount to an attempt to excite disaffection and disloyalty towards government.
Colonial legacy: The archaic and colonial view that an intemperate attack on an incumbent ruler should be met with fierce prosecution for sedition prevails among many in power even today.

Case Study: (A case of sedition in Himachal Pradesh)

In a significant judgment, the Supreme Court has quashed a criminal case registered in Himachal Pradesh against journalist Vinod Dua by invoking the narrowed-down meaning of what constitutes an offence under Section 124A of the IPC, the provision for sedition, set out in Kedar Nath Singh (1962).

Kedar Nath Singh Judgement:

Every journalist, the Court has ruled, is entitled to the protection of that judgment, which said: “comments, however strongly worded, expressing disapprobation of actions of the Government, without exciting those feelings which generate the inclination to cause public disorder by acts of violence, would not be penal”.

Colonial Legacy:

The law on sedition has come a long way from the formulation of British-era judges Comer Petheram and Arthur Strachey that “feelings of disaffection” towards the government connote “absence of affection... hatred, enmity, dislike, hostility... and every form of ill-will towards the government”.

Supreme Court cases related to Sedition:

Romesh Thappar vs the State of Madras

The court held that a law which restricted speech on the ground that it would disturb public order was unconstitutional.
It also held that disturbing the public order will mean nothing less than endangering the foundations of the State or threatening its overthrow.
Thus, these decisions prompted the First Constitution Amendment, where Article 19 (2) was rewritten to replace “undermining the security of the State” with “in the interest of public order”.

Kedar Nath Singh vs State of Bihar,1962

In 1962, the SC decided on the constitutionality of Section 124A in Kedar Nath Singh vs the State of Bihar.
It upheld the constitutionality of sedition, but limited its application to “acts involving intention or tendency to create disorder, or disturbance of law and order, or incitement to violence”.
It distinguished these from “very strong speech” or the use of “vigorous words” strongly critical of the government.

Balwant Singh vs State of Punjab,1995

In 1995, the SC, in Balwant Singh vs the State of Punjab, held that mere sloganeering which evoked no public response did not amount to sedition.

Institutional vanity

Section 124A is essentially a provision which seeks to protect the government’s institutional vanity from disapprobation using the interests of public order and security of the state as a tool.

Vague terms under Section 124A

Its use of terms such as “bringing (government) into hatred or contempt” and “disloyalty and all feelings of enmity” continues to help the police to invoke it whenever there is either strong criticism or critical depiction of unresponsive or insensitive rulers.

Conclusion

The Court’s verdict brightens the hope that the section’s validity will be re-examined.

Source: TH

Join Our Telegram

US Resumes Nuclear Weapon Testing

Formation Day

03 Dec, 25
SHARE

On 1st November, eight Indian states—Andhra Pradesh, Chhattisgarh, Haryana, Karnataka, Kerala, Madhya Pradesh, Punjab, and Tamil Nadu—along with five Union Territories—Andaman and Nicobar Islands, Chandigarh, Delhi, Lakshadweep, and Puducherry—celebrate their Formation Day. This date marks an important milestone in India

Turtle (Kachhua) Wildlife Sanctuary

02 Dec, 25
SHARE

The Turtle Wildlife Sanctuary, also known as the Kachhua Sanctuary, is located in the Varanasi district of Uttar Pradesh. It is recognised as India’s first freshwater turtle wildlife sanctuary, established to conserve endangered turtle species and support the ecological health of the Ganga River. Location and Extent The sanctuary co

Introduction of AI and Computational Thinking (CT) in

02 Dec, 25
SHARE

The Ministry of Education plans to introduce Artificial Intelligence (AI) and Computational Thinking (CT) from Class 3 onwards in the 2026–27 academic year. This initiative is part of the National Curriculum Framework for School Education (NCF-SE) 2023 and aligns with the National Education Policy (NEP) 2020. The aim is to prepare student

Sal Tree

02 Dec, 25
SHARE

Scientists from the Environment Department of Himachal Pradesh University (HPU) in Shimla have recently revealed that the Sal tree (Shorea robusta) is the most effective natural air purifier for combating rising pollution levels. Their findings highlight the tree’s superior capacity to trap dust, absorb gases, and cleanse the air compared

US Resumes Nuclear Weapon Testing

02 Dec, 25
SHARE

The President of the United States has ordered the resumption of nuclear weapon testing after a gap of 33 years, the last test being in 1992. This decision marks a significant shift in global nuclear policy and has far-reaching implications for geopolitics, the environment, and international security. Status of Global Nuclear Weapon Testing

Quick Links Testimonials FAQ

Crash Course

Regular Modules 2024

Mains

Optional

Sedition and freedom of speech

Sedition and freedom of speech

Formation Day

Turtle (Kachhua) Wildlife Sanctuary

Introduction of AI and Computational Thinking (CT) in

Sal Tree

US Resumes Nuclear Weapon Testing

DNA

03 Dec,2025

Important GS Topics

Toppers

Search By Date

Top Editorials

UPSC Courses

Saarthi Mentorship Programme

Important Tags

Articles:Geography And Environment

Articles: History Culture Society

Articles: Governance & National Issues

Articles: IR & IO

Articles: Economic Development & Economic Issues

Articles: S&T Internal Security

Articles: Ethics & Others

Articles: Others

Newsletter Subscription

SMS Alerts

Important Links