LAW RELATING TO SEDITION IN INDIA
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https://doi.org/10.55662/Abstract
An insight into history of human civilization reveals that throughout the ages the state has secured a dominant place among all institutions. The concept like ‘laissez faire’ and individual liberties attempted to check this dominance to certain extent but state has acquired such a place that affects almost every aspect of social life. According to Max Weber, “the state as a compulsory political organization with a centralized government maintains a monopoly of the legitimate use of force within a certain territory”. A state is a community of persons living within certain limits of territory, under a permanent organization which aims to secure the prevalence of justice by self-imposed law.
According to Rousseau, “The state derives its existence and its justification solely from the guarantee of freedom and equality. The state and state law thus remains subject to the general will which creates the state for the better protection of freedom and equality.”
The term ‘State’ has been defined in Part III of Constitution of India, 1950. In this Part, unless the context otherwise requires, “the State” includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.As the state should protect the individual’s life and property it should also save itself from all internal and external disorder or aggression. It has to maintain law and order and create conditions for its perfect security. In general, security of the state means the ability of a nation to protect its internal values and people from external threats. The security of the state and organised government is the very foundation of freedom of speech and expression which maintains the opportunity for free political discussion to the end that government may be responsive to the will of the people.Therefore it is necessary to keep a proper balance between freedom of speech and expression and security of the state. This balance has been found by the Legislature in Chapter VI of Indian Penal Code, 1860 which defines offences against the state that are taken very seriously.
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