Open Access Research Article
Sedition: A Boon Or Bane To Indian Democracy? (By Lakshya Jauhari & Tripti Taneja)
Published Paper
Article Details
The appropriate
answer to the title of this paper is that the concept of sedition as of now is
definitely a bane to Indian democracy by virtue of which people are prosecuted
for simply criticizing the moves of the government established by law without
even having the intention to incite violence or disruption of the security of
the State. True essence of a democracy is the free flow of opinions either
negative or positive without causing any hindrance to the same. Criticism is
what makes a democratic setup function smoothly and it gives government a
chance to review and amend its policies for the welfare of general public or
society as a whole.
It is a matter
of grave concern that even the United Kingdom itself invalidated the sedition
law, the country who brought sedition law to India in the first place whereas
India being the biggest democracy in the world is still in the clutches of an
ambiguous sedition law. It is time that the State must bring in change to the
concept of sedition in India by limiting its applicability to the extent which
is crucial for maintaining public peace, law and order as well as to protect
the State from getting overthrown. The law of seditio
n in India must
be invoked with conformity to the fundamental right of citizens to free speech.
Booking and
arresting people deceitfully under Section 124A IPC also violates their personal
liberty enshrined under Article 21 of the Constitution. Though Article 21
allows the curtailment of personal liberty through the procedure established by
law, the Supreme Court in plethora of cases had reiterated that such a
procedure must be just, fair and reasonable.
Lastly, no law
in India is above the Indian Constitution which is established by the apex
court as our ‘law of the land’ and a law shall endure only by keeping up with
the constitutional norms.
Article Information
Sedition: A Boon Or Bane To Indian Democracy? (By Lakshya Jauhari & Tripti Taneja)
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- Journal IJLRA
- ISSN 2582-6433
- Published 2022/04/15
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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