Advanced International Journal of Multidisciplinary Research

E-ISSN: 2584-0487

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Volume 2 Issue 5
September-October 2024

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A Constitutional Puzzle: Right to Freedom of Speech and Expression and Sedition Law

Author(s) Ashok Kumar Karnani
Country India
Abstract This paper seeks to address and critically examine the conflict between right to freedom of speech and expression and sedition law confronted by the Constitution of India. Since the Indian Constitution is the ultimate law of the land, all legislative and executive activities must be in accordance with its provisions. Article 19(1)(a) guarantees the right to freedom of speech, and expression which is the most fundamental, innate, and natural right that every human being has from birth . Therefore, the most fundamental human right is the freedom of speech and expression, which is incompatible with any contemporary democratic government and amounts to a flagrant breach of those rights when suppressed. Not every situation provides protection for free expression. A restriction on the people’s this right is imposed by Section 124A of the Indian Penal Code, 1860, which makes it illegal to express anything that incites hatred, contempt, or disaffection toward an Indian government that is duly established. Given that an accused person under this section may face a sentence of life in prison, the punishment specified by this provision appears pretty ludicrous . This begs the question of how effective it is in the contemporary democratic system. There is constant discussion about the necessity and applicability of this clause in an independent and democratic India. There have been cases of the sedition legislation being abused both before and after independence, raising major questions about whether the law is still necessary today.
Thus, the main purpose of this article is to analyse the current sedition statute in light of Article 19(1)(a) and determine whether or not such a law is necessary given the current state of affairs in India.
Keywords Indian Constitution, Freedom of Speech and Expression, Democratic and Sedition Statute
Discipline Sociology > Administration / Law / Management
Published In Volume 1, Issue 3, November-December 2023
Published On 2023-12-30
Cite This A Constitutional Puzzle: Right to Freedom of Speech and Expression and Sedition Law - Ashok Kumar Karnani - AIJMR Volume 1, Issue 3, November-December 2023.
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