Title: Role of Indian courts in reshaping the law of sedition: constitutionality and relevance since colonised India to democratic India

Authors: Kriti Kaushik; Sonu Agarwal

Addresses: School of Law, Manipal University Jaipur, Dehmi Kalan, Off Jaipur-Ajmer Expressway, Jaipur, Rajasthan, 303007, India ' School of Law, Manipal University Jaipur, Dehmi Kalan, Off Jaipur-Ajmer Expressway, Jaipur, Rajasthan, 303007, India

Abstract: Right to dissent is the very essence of freedom of speech and expression mentioned under the Constitution of India and its abrogation without just cause must be regulated. Time and again the Indian courts have expressed their opinion on law of sedition that it should be repealed entirely due to repeated misuse, however the reality remains that sedition not only persists in our legal system, but its application is also growing day by day. This article attempts to study the jurisprudence that has been developed in India around law of sedition through several judgments given by the Indian courts, to understand its trajectory of interpretation since colonised India to democratic India. A comparative analysis of the status of sedition law has been made to understand why some countries either repealed or revised this law in their respective jurisdictions and why India must follow similar footsteps.

Keywords: freedom of speech and expression; sedition; democratic; Constitution of India; courts; dissent; society; freedom; protests; India; Indian Penal Code.

DOI: 10.1504/IJHRCS.2023.133758

International Journal of Human Rights and Constitutional Studies, 2023 Vol.10 No.4, pp.349 - 360

Received: 28 Apr 2022
Accepted: 26 May 2022
Published online: 03 Oct 2023 *

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