The Law of ‘Sedition’ in India: A Looming Threat to Freedom After Speech

Abstract

The law of sedition is not only ‘equivocal’ but also incompatible with the constitutional guarantee of freedom of speech and expression. Notwithstanding its incompatibility, it did survive for too long on the statute book owing to, one, failure to take appropriate measures as contemplated under article 372 (2), and two, when its validity was challenged, the Supreme Court chose to read it down instead of striking it down, which does not seem to be the right approach to be adopted for pre-constitutional laws. Even after reading down, it continues to be a looming threat to free speech, which is the heartbeat of democracy. Unfortunately, the Law Commission of India in its recent report submitted in April 2023 recommended for retention of the provision with some modifications, which neither eliminate the vagueness of the provision nor mitigate its harshness. Given its chilling effects on free speech, it is desirable to remove it in toto from the statute book.