In a significant development, the Supreme Court of India has referred a batch of pleas challenging the constitutional validity of the colonial-era sedition provision under the Indian Penal Code (IPC) to a constitutional bench comprising at least five judges. The decision was made by a bench led by Chief Justice D Y Chandrachud, which rejected the Center’s request to postpone the reference to a larger bench, citing ongoing parliamentary efforts to re-enact provisions of the penal code.
The bench, which also included Justices J B Pardiwala and Manoj Misra, directed the Supreme Court registry to submit the relevant documents to Chief Justice Chandrachud, allowing him to take the necessary administrative steps to constitute the Constitution bench.
This development comes after the Supreme Court had previously deferred the hearing on the pleas on May 1, following the Center’s statement that it was in the advanced stages of re-examining the penal provision. Subsequently, on August 11, the government introduced three bills in the Lok Sabha aimed at overhauling colonial-era criminal laws, including the IPC. These bills proposed the repeal of the sedition law and the introduction of a new provision with a broader definition of the offense.
Last year, on May 11, the Supreme Court had placed a hold on the penal law pertaining to sedition until an “appropriate” government forum had the opportunity to re-examine it. The court directed both the central and state governments to refrain from registering any new FIRs invoking the sedition provision. Furthermore, all ongoing investigations, pending trials, and proceedings across the country under the sedition law were put on hold.
The sedition law, which carries a maximum life imprisonment sentence under section 124A of the IPC and pertains to “creating disaffection towards the government,” was incorporated into the penal code in 1890. This was a significant 57 years before India gained independence and nearly three decades after the IPC itself came into existence.
The decision to refer the challenge against the sedition law to a Constitution bench represents a critical step in addressing the concerns surrounding this colonial-era provision. It will be closely watched by legal experts and civil society as it could have far-reaching implications for free speech and the legal framework in India.
