The Supreme Court of India has recently referred petitions challenging Section 124A of the Indian Penal Code (IPC), which deals with sedition, to a Constitution Bench. This colonial-era law, introduced in 1870, has a controversial history, including the trials of prominent Indian nationalist leaders like Jogendra Chandra Bose, Bal Gangadhar Tilak, and Mahatma Gandhi. Post-independence, the term “sedition” was removed from the Constitution in 1948 but was later reinstated through legal amendments. Section 124A broadly criminalizes acts that incite hatred or disaffection towards the government and carries severe penalties, including imprisonment for life, fines, and restrictions on government employment.
Facts/Terms for UPSC Prelims
- Jogendra Chandra Bose: Jogendra Chandra Bose was the editor of the newspaper Bangobasi and faced a sedition trial in 1891 for publishing an article critical of the Age of Consent Bill and its treatment of Native Americans.
- Bal Gangadhar Tilak: Bal Gangadhar Tilak, an Indian nationalist leader, faced legal action in 1897 for his articles in the newspaper Kesari, which were deemed seditious.
- Article 19 (1) (a): Article 19 (1) (a) of the Indian Constitution guarantees the right to freedom of speech and expression. However, this right is subject to reasonable restrictions imposed by the state.
- Code of Criminal Procedure, 1973: The Code of Criminal Procedure, 1973, replaced the colonial-era Code of Criminal Procedure from 1898. It made sedition a cognizable crime with varying punishments, including life imprisonment, fines, and restrictions on government employment.