101 historical judgments of SC- Does the freedom of speech includes the right to criticise the government

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Cases Covered:

Kedarnath Singh Vs State of Bihar

The important case related to the sedition law in India. We have freedom of speech as a fundamental right under Article 19 of the Indian Constitution.

Background-

As per section 124A of the Indian penal code the provisions of sedition are as follows-
“Wherever,by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the government established by law shall be punished with imprisonment for life , to which fine may be added.”

This is assumed to be an activity against the country. It feels like enmity or disloyalty towards the government.

Kedarnath Singh was convicted of sedition for his speech. He consistently criticized the members of the ruling party. He challenged the constitutional validity of this provision.

Provisions under challenge-

– In this case section 124A and 505 of IPC are constitutionally invalid as per article 19(1)(a).
– Are the provisions of section 124A in the interest of the public?

The judgment-

The honourable court in this case quashed the charges of sedition against Kedarnath Singh. Following are the observations of the government.
– “Government established by law” as stated under section 124A is not synonymous with criticism of a specific party or person.
– Any expression by an individual can be considered as sedition only if it disturbs the public peace or disturbs the order.
– Section 124A is constitutionally valid but with its interpretation restricted to the harm against the country.

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