Freedom of Speech in India [Indian Supreme court and Law of Sedition]

Theme – Freedom of Speech in India [Indian Supreme court and Law of Sedition] 

Freedom of Speech in India 

Introduction:  

Freedom of speech and expression is a must for establishing a democratic society. It is the first step towards liberty. Art.19 [1][a] of our constitution talks about the Freedom of speech and expression, which is an excellent tool for creating a just society and the govt. can also be held accountable by the people of our country. In India, this right can only be exercised by the native or citizen of India, excluding foreign nationals. The same can only be possible if free access to Freedom of speech and expression is free without hindrance or drawbacks. It talks about the right of an individual to speak openly and freely in whatever way they want without any fear in their mind of openly expressing their views. They can also hold the government accountable by talking about the pros and cons, which is compulsory for establishing a democratic society. One can express his opinion under this right by word of mouth, printing, writing and pictures in any mode without any hindrance.  

This law seriously threatens the right to Freedom of speech and expression in India. This law limits or narrows the scope of Art.19[1][a] of the Indian constitution, which is a severe threat to the democracy of India. There is no where defined the power or jurisdiction of the government to what extent the govt can use this law. The government can also use it discriminately by shutting the mouths of critics or opposition, which is unsuitable for a just society.  In India, the law of sedition is a severe threat to the Freedom of speech and expression of an individual in the country as the jurisdiction of sedition law is not defined in India. 

  

Supreme Court and Law of Sedition Jurisprudence:  

The first instance of a court in independent India ruling on the constitutional legality of Section 

124-A of the Indian Panel Code, 1860, was in Tara Singh Gopi Chand V. The State, 1951 Cri. L. J. 449. In this case, the then-Punjab High Court acknowledged that Section 124-A was unquestionably a restriction on the right to Freedom of speech and expression. It invalidated the provision because it violated Article 19 of the Indian Constitution, i.e., the right to Freedom of speech and expression.  

The case of Kedar Nath Singh v. State of Bihar 1962 upheld the constitutional validity of sedition law, i.e., S124-A of IPC. Still, it narrowed the scope of the law, and the high court gave the accused punishment in the context of hate speech that he showed against the then congress government. In this way, the Supreme Court also curtailed and narrowed down the scope of the right to Freedom of speech and expression in India.  

But in the recent case of SG Vombatkere v. Union of India 2022, the Supreme Court abided on the S124-A of IPC, a landmark judgement. Supreme Court put the entire sedition law on hold or suspended because it has been misused many times and provides excessive jurisdiction to the government to work unfairly. The honourable judges of the Supreme Court also state while 

 

giving judgment that it's time to put sedition law on hold as it violates the right to Freedom of speech and expression, which is a severe threat to our democracy. These judgements differ due to changing socio-political scenarios or circumstances from 1962 till today.  

 

 Conclusion:  

Sedition law in India was outdated, and it was not defined in a clear and concise way as to what constitutes a sedition. And this law has also been used to stifle dissent, so it needs to be abeyed as it provides excessive discretion to authorities and harnesses the right to Freedom of speech and expression of an individual.  

Now, the govt. is planning to launch the Bhartiya Nyaya Sanhita Bill 2023, which will replace the Indian Penal Code 1860. and while placing this bill in Lok Sabha, Amit Shah said that this bill would completely repeal sedition law.  Abeying of sedition law in India is a significant step towards establishing an accountable government. Now, people can openly criticize the govt. If any wrong is happening within the country, and can hold the government liable and responsible, this will further enhance transparency in our democratically elected government, and the public can exercise their Freedom of speech and expression without any exceptions and hindrance. 

  

**Authored :-  Tinku Garg, A Student at Symbiosis Law School, Pune