THE COLONIAL ORIGINS AND CONSTITUTIONALITY OF ‘SEDITION’

April 15, 2022

The law of sedition, specifically Section 124A of the Indian Penal Code (IPC), has been the subject of intense debate over the last few years. By and large, the criticism against the existence of the provision has been that it is a colonial instrument which is way past its shelf...

Identity politics, elections and the Representation of the People Act, 1951

October 14, 2021

In 2017, a seven-Judge Bench of the Hon’ble Supreme Court of India in Abhiram Singh vs C.D. Commachen (Dead) By Lrs.& Ors delivered a judgement on Section 123(3) of the Representation of the People Act, 1951. The limited issue which the Supreme Court was called upon to decide was whether...

Noise pollution and judicial restraint

September 9, 2021

“The festival of Diwali is mainly associated with pooja performed on the auspicious day and not with firecrackers. In no religious text book, it is written that Diwali has to be celebrated by bursting crackers. Diwali is considered as a festival of lights not of noises. Shelter in the name...

ANALYSING THE INDIAN POSITION ON SEDITION

August 24, 2021

It is sometimes claimed in popular discourse that the Constituent Assembly was dead set against the inclusion of sedition as a restriction on free speech and expression, and therefore, it is argued that the presence of Section 124A of the IPC penalising sedition is an insult to the intent of...

CONSTITUTIONAL VALIDITY OF SECTION 124A

May 22, 2021

In my last piece, I had continued with my discussion on Section 124A of the IPC with reference to Constituent Assembly Debates to demonstrate that the framers of the Constitution were aware of the limitations imposed on the interpretation of the provision by British Indian Courts. This awareness led to...

Constituent Assembly debates on sedition: Part 1

March 12, 2021

In this piece, continuing with my discussion on sedition from the last three pieces, I will examine the Constituent Assembly debates on sedition to understand if the very concept of sedition was opposed by the framers of the Constitution or at least a majority of them. Broadly, the debates on...

The Indian position on the issue of sedition

March 5, 2021

It is sometimes claimed in popular discourse that the Constituent Assembly was dead set against the inclusion of sedition as a restriction on free speech and expression, and therefore, it is argued that the presence of Section 124A of the IPC penalising sedition is an insult to the intent of...

SEDITION: DISAFFECTION VS DISAPPROBATION

February 26, 2021

In my last piece, I had started a discussion on Section 124A of the IPC which deals with sedition. I had broadly set out the history of the provision, including its original language in 1870 and the amendments undertaken in 1898 and thereafter, leading to the provision as it stands...

The colonial origins and constitutionality of ‘sedition’

February 19, 2021

The law of sedition, specifically Section 124A of the Indian Penal Code (IPC), has been the subject of intense debate over the last few years. By and large, the criticism against the existence of the provision has been that it is a colonial instrument which is way past its shelf...

DEVELOPMENT, NATURE AND DHARMA

February 12, 2021

A few days ago, Uttarakhand witnessed yet another flood and I am not sure I want to call it a “natural disaster” which could give the impression that it wasn’t caused by human activity. Since I am no expert on the subject, let’s just say that it may or may...