Even if the new law was passed, prosecutions under Section 124A, which the court had suspended in 2022, would continue. The court noted that while the new law would only apply to instances in the future, it would still be necessary to determine whether the current IPC Section was constitutional.
Source: Insight IAS
Additionally, the proposed law won’t change anything substantively. Although the word sedition has been lost, the concept has not. In place of the colonial-era IPC provision against inciting discontent against the government established by law, Section 150 of the new code permits citizens to be prosecuted for statements, gestures, actions, etc. that threaten the sovereignty, unity, and integrity of India.
Government criticism may be seen as sedition under the IPC, and critics may be arrested for it. This has frequently occurred, particularly under the current administration, and is probably going to occur even more frequently under the proposed law. The proposed clause actually has a wider reach and more severe punishment for the offense than what the British created for their Indian subjects, making it more draconian. By doing this, the government has strengthened the sedition statute in accordance with the statute Commission’s incorrect proposal while avoiding the use of the word.
Source: StudyIQ Judiciary
The Supreme Court’s decision to thoroughly review the provision is so commendable. The court has stated that because the new code has not yet become law, it was not considering the provision. It stated that the 1962 Kedar Nath Singh decision, which affirmed Section 124A but restricted its scope, would be reviewed by the five-judge court.
In an important statement, the court stated that the new bench will consider the right to life (Article 21) and the right to equality (Article 14) as well as the developments in the recognition and development of new rights since 1962 when evaluating the judgment. It is therefore obvious that the court intends to consider sedition in light of citizens’ rights. Hopefully, it will result in the repeal of all sedition laws that could be abused by the government.
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