Sedition Law | Process To Re-Examine Section 124A IPC Underway, Consultations At An Advanced Stage: AG Tells Supreme Court

On Monday, the central government informed the Supreme Court that it was in the process of re-examining Section 124A of the Indian Penal Code and that the said process was in an advanced stage. The submission was made by Attorney General for India R Venkataramani before a bench comprising CJI DY Chandrachud and Justice JB Pardiwala while the bench was hearing peas challenging the 152-year old sedition law under Section 124A of the Indian Penal Code. 

As per Section 124A–

"Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine."

After the AG submitted that the government had initiated the process to re-examine Section 124A and consultations regarding the same were at an advanced stage, the court decided to hear the matter in August.

The petitioners also stated that the court had to decide if the matter was to be argued before a seven-judge bench as the judgement in Kedar Nath v. State of Bihar, which was decided by a five judge bench stood in the way of the present petition. The Kedar Nath decision had stated that "Government established by law" was the visible symbol of the State and that the very existence of the State would be in jeopardy if the Government established by law was subverted. Hence, it upheld the validity of Section 124A. 

In May 2022, the Supreme Court had held that Section 124A of the IPC should be effectively kept in abeyance till the Union Government reconsiders the provision.

Case Title: SG Vombatkere v. UoI WP(C) No. 682/2021 PIL

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