LI Network
Published on: 17 September 2023 at 13:40 IST
In its recent decision regarding a batch of petitions challenging the constitutional validity of Section 124A of the Indian Penal Code, the Supreme Court noted that the Kedar Nath Singh v. State of Bihar 1962, which upheld the provisions of Section 124A, did not take into account Article 14 of the Constitution.
The petitioners had argued that the language used in Section 124A was vague, overly broad, and susceptible to arbitrary application, thus violating Article 14 of the Indian Constitution. They contended that this aspect was not considered in the Kedar Nath Singh judgment. It is also asserted that Section 124A had only been tested against Article 19(1)(a), and it was now necessary to re-evaluate its validity based on Articles 14 and 21.
The Supreme Court acknowledged this argument and stated that the Kedar Nath Singh judgment did not address the challenge that Section 124A violated Article 14. The Court emphasized that fundamental rights are interconnected, with Article 14 serving as an overarching principle of reasonableness that applies to Articles 19 and 21 as well.
In a previous hearing, a three-judge bench led by CJI DY Chandrachud had decided to refer the matter to a larger bench because Kedar Nath Singh had upheld the provision with a five-judge bench, and it might not be appropriate for a smaller bench to question or overturn it.
The bench had also rejected the Central Government’s request to postpone the hearing due to a new bill introduced in Parliament to replace the Indian Penal Code, clarifying that the new law would only apply prospectively and would not affect past cases under Section 124A IPC.
Case Background:
In May 2022, the Supreme Court ordered the effective suspension of the 152-year-old sedition law under Section 124A of the Indian Penal Code until the Union Government reevaluates the provision. The Court also urged the Centre and State governments not to register FIRs under Section 124A while it was under review.
This decision followed the Union Government’s acknowledgment that the colonial-era provision needed reexamination as it no longer aligned with the current social context.
The government agreed with the Court’s prima facie view that Section 124A was originally intended for a colonial regime and needed reconsideration.
On August 11, 2023, the Union Government introduced three bills in the Lok Sabha aimed at replacing key components of India’s criminal justice system, including the Indian Penal Code. The proposed IPC replacement bill, known as the Bharatiya Nyaya Sanhita, 2023, would completely repeal the offence of sedition under Section 124A IPC. However, a new provision, Section 150, titled “Acts Endangering Sovereignty Unity and Integrity of India,” is included in the proposed bill.
