SC revival of Section 124A proceedings revives debate over colonial-era sedition law
The Supreme Court's recent revival of Section 124A proceedings has reignited discussions about the colonial-era sedition law in India. This law, which has been criticized for its oppressive nature and chilling effect on free speech, was previously frozen by the court in May 2022. While the latest clarification aims to expedite trials for accused individuals, the constitutionality of Section 124A remains under scrutiny in ongoing petitions.
- ▪The Supreme Court revived Section 124A proceedings on May 21, 2026, despite previous concerns about its oppressive nature.
- ▪The law, dating back to 1898, has been criticized for hindering free speech and reflecting a colonial mindset.
- ▪Ongoing petitions challenge the constitutionality of Section 124A, raising questions about lower courts' ability to rule on cases under this provision.
Opening excerpt (first ~120 words) tap to expand
The Supreme Court’s May 21 revival of Section 124A (sedition) proceedings against consenting accused persons has revived concerns over an admittedly oppressive provision that both the court and the Union government had earlier agreed was “not in tune with the current social milieu, and was intended for a time when this country was under the colonial regime”.A three-judge Bench of the Supreme Court had frozen all proceedings under Section 124A of the now-repealed Indian Penal Code on May 11, 2022, virtually casting a shadow of doubt over every sedition case at the time.The Bench, of which Surya Kant, then a judge of the Supreme Court, was a member, had recorded the rampant misuse of the provision, which dates back to 1898 and predates the Constitution.The interim order of May 11 had taken…
Excerpt limited to ~120 words for fair-use compliance. The full article is at The Hindu — Top.
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