SEDITION (COLONIAL

STILL PREVAIL)
“GOING AGAINST THE STATE ,
GET YOURSELVES TROUBLED”

INTRODUCTION;
Sedition is overt conduct , such as speech and
organization , that tend towards rebellion against the
established order. Sedition often includes subversion of
constitution and incitement of discontent toward or
insurrection against , established authority. Sedition may
include any commotion though not aimed direct and
open violence against the law. Seditious words in writing
are called libel and spoken words are called slander.
*Essentials of sedition-
1.first and foremost the word should be spoken verbally or
should be written form or action or it can be through signs.
SEDITION (COLONIAL
STILL PREVAIL)
2.It should incite hatred or contempt or feeling of disaffection
or feeling of enmity in general people against the government .
3.Person who cause violence or who incites others to cause
violence constitute the important element of seditious activity .

*CONSTITUTIONAL VALIDITY OF SECTION 124 (SEDITION)

The Supreme court of India ,in the case of kishorechandra
wangkemcha v. Union of India (2021),that discuss the validity of
section 124A ,which criminalize Sedition .In connection with the
post and cartoon posted on the social media platform , two
journalist ,kishorechandra and kanhaiya lal shukla have been
accused of sedition in India.
Finally after so many instances in the landmark case of
kedarnath singh v. union of India which declare section 124A is
constitutionally valid.
*kedarnath singh v. state of bihar (1962)
.In this case it was determined that law was constitutional and
that it applied to any written or spoken words that had the
SEDITION (COLONIAL
STILL PREVAIL)
affirmative intention of circumventing the government through
violent means ,regardless of their sources
.citizens who condemn the government with the aim of
creating public disorder are permitted to do so ,so long as they
do not incite people to engage in violence against the
government .
.While the supreme court upheld the constitutionality of
section 124A it limited the application to acts involving the
intent or inclination to create public disorder ,disruption of law
and order ,or provocation of violence among other things.
*COLONIAL ASPECT OF SEDITION LAW
THE concept of sedition law was not started by India but the
colonial empire ruling India . The story goes back to the non
cooperation movement under the leadership of mahatma
Gandhi and other leaders Indians started to deny the rules and
regulation of colonial government .Their were daily instances of
rising clashes between the two .So to deal with this uprising
situation the colonial rulers decided to bring a law that would
punish anyone going against the government.The first case of
sedition was against jogendra Chandra bose in 1891.
SEDITION (COLONIAL
STILL PREVAIL)
AFTER having a clear colonial mindset ,sedition law is prevailing
in independent India and with full force. To an extent that was
admissible but then this law was subjected to misuse by the
established governments against anybody who raises voice
against them which was clearly against the citizens
fundamental right of speech under article 19 of the indian
constitution.
*CASE LAWS
The first lawsuit to address the legitimacy of section 124A was
Ram nandan v. state of uttar Pradesh (1958).Section 124A of
IPC ,According to allahbad high court was ultra virus in
character and violated article 19(1)(a) of the constitution .The
constitutional validity of section 124A was further challenged
before supreme court constitution bench in kedarnath singh v.
State of bihar (1962),with the argument focused primarily on
the fact that section 124A was in conflict with article 19(1)(a) of
the indian constitution .The supreme court ruled that no crime
of sedition is established under article 124A unless the remarks
said or written have the potential to cause disruption or
disturbance of public order through the use of violence,thereby
SEDITION (COLONIAL
STILL PREVAIL)
overruling the decision of the allahbad highcourt . There is no
offence unless the statement are likely to cause violence.
Following this decision ,the supreme court ruled in 1995 in
balwant singh and anr v. state of Punjab (1995)that merely
using slogans like raj karega khalsa or khalistan zindabad and so
on did not constitute sedition because there was no evidence
or record that any violence occurred despite the slogans being
raised in a public place .

The courts were instructed to adhere to kedarnath singh rules .

It was reiterated that sedition charges cannot be brought just
for criticizing the government or its policies.
*CONCLUSION
The enactment of the section 124A was to suppress the voices
against the government, the law of such type is clearly against
the principles established by the constitution of India in
fundamental rights of the cetizens. The severity of the
punishment makes it worse .
SEDITION (COLONIAL
STILL PREVAIL)
There is a strong need for India to reconsider its clause on
section 124A and to amend the colonial rules undermining the
Indian democracy.
SEDITION (COLONIAL
STILL PREVAIL)
SEDITION (COLONIAL
STILL PREVAIL)
SEDITION (COLONIAL
STILL PREVAIL)
SEDITION (COLONIAL
STILL PREVAIL)
SEDITION (COLONIAL
STILL PREVAIL)
SEDITION (COLONIAL
STILL PREVAIL)
SEDITION (COLONIAL
STILL PREVAIL)
SEDITION (COLONIAL
STILL PREVAIL)
SEDITION (COLONIAL
STILL PREVAIL)
SEDITION (COLONIAL
STILL PREVAIL)
SEDITION (COLONIAL
STILL PREVAIL)
SEDITION (COLONIAL
STILL PREVAIL)