SEDITION VS. FREEDOM OF SPEECH: NAVIGATING THE NEXUS WITH NATIONAL SECURITY
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Abstract
The constitutionality of Section 124A of IPC came under scrutiny in the landmark case of S.G. Vombatkere v. Union of India [(2022) 7 SCC 433], presented before the esteemed Supreme Court. The Union of India, acknowledging a reevaluation of Section 124A, urged the Court not to expend its valuable time on the matter. In response, on 11th May 2022, the Supreme Court directed both the Central Government and State Governments to suspend the registration of new FIRs and coercive actions related to Section 124A. This directive extended to the suspension of ongoing investigations, as well as the temporary halt of pending trials, appeals, and proceedings associated with the section. This paper critically examines the concept of sedition and delves into its constitutional validity, contextualized by insights from the 22nd law commission report, offering an insightful analysis of the intricate nexus between freedom of speech and national security.
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