1. Freedom of Speech and Expression:-

The Freedom of Speech and Expression means the right to express the thought, decisions, opinion. We can express the thoughts by words, writing, printing, pictures, etc. By Granting the Freedom to the Citizen is Sine Qua Nonfor any democratic country.

Article 19(1)(a) which comes under Part III of the Indian Constitution guarantee all the citizens the Freedom of Speech and Expression subject with some reasonable restrictions which are list in Article 19(2).[1]

If one read the Preamble of the Constitution, the idea behind Fundamental Rights can be seen in following lines of Preamble are Liberty, Expression, Belief, Faith, and Worship.[2]

1.1. Scope of Freedom of Speech and Expression

1.1.(a) This Right is only to Citizen of India.

1.1.(b) The right allows the government with reasonable restriction to frame the laws of Sovereigntyand Integrityof the Nation, Security of the State, friendly relation with foreign countries, public order, decency, morality and to deter the Contempt of Court, defamationand Incitement to an offence [Article 19(2)]

All these years, Judicial Creativity, Judicial Wisdom, Judicial Craftmanship has result in the Scope of Freedom of Speech and Expression including following:

1.1.(b).(i) Freedom of Press: Article 19(1)(a) doesn't express mention the liberty of the Prees, that is the Freedom to Print and Publish without any permission requirements.

1.1.(b).(ii) Romesh Thappar Vs State of Madras (1950 AIR 124): was amongst the oldest case to be decided by Supreme Court declaring the Freedom of Press as part of Freedom of Speech and Expression.[3]

1.1.(b).(iii) Indian Express Newspaper Vs Union of India (1986 AIR 515): It was held that the Press play a very significant role in the democratic system. The court have a duty to uphold the Freedom of Press and invalidate all laws and administrative action with that Freedom.[4]

Freedom of Press includes Freedom of Publication, Circulation, and Freedom against Pre-censorship.

1.1.(b).(iv) Bennett Coleman and Co Vs Union of India (1973 AIR 106): The validity the Newsprint Control Order, which fixed the maximum number of page were stuck down by Supreme Court of India holding it to violative the provision of Article (1)(a) and not to be reasonable restrictions under Article 19(2).[5]

1.1.(b).(v) Brij Bhushan Vs State of Delhi (1950 AIR 129): The validity of order impose pre-censorship on English weekly of Delhi, which directed the editors and publishers of newspapers to submit for scrutiny.[6]

In duplicate, before the publication, all communal matters, all the matters and news, and view about Pakistan, include photograph and cartoon, on the ground that it was a restrictions on Liberty of Press was stuck down by Court.

1.2. Freedom of Commercial Speech Tata Press Ltd. Vs MTNL (1995 AIR 2438): The Supreme Court held that Commercial Advertisement or Commercial Speech was also a part of Freedom of Speech and Expression, which would be restricted only within the limit of Article 19(2).[7]

1.3. Right to Broadcast: The concept of Speech and Expression have evolved with progress of technology and include all the available means of Expression, Communication, Electronic, and Broadcast Media.[8]

1.3.(a) Odyssey Communications Ltd Vs Lokvidayan Sanghatana (1998 AIR 1642): The Supreme Court held the Right of citizens to exhibit films on state Channel Doordarshan is a part of Fundamental Rights guaranteed Under Article 19(1)(a). The petitioner Doordarshan of serial title Honi Anhoni on ground that encouraged superstious and blind faith among views.[9]

1.4. Right to Information: The Freedom of Speech and Expression compromise not only right to express publish and propagate information, it circulate but also receive information.[10]

The Supreme Court Judgements that discussed the Right to Information in context from advertisement enabling citizens to get information about life saving drugs.

1.4.(a) Union of India Vs Assn Association for Democratic Reforms (AIR 2001 Delhi 126, 2000) : The Supreme Court observed that one side information, discrimination, misinformation, and non information, all equally create uninformed citizens which makes democracy a force. Freedom of Speech and Expression include the Right to know, receive, impact information which include Freedom to hold opinion.[11]

1.5. Right to Expression beyond National boundary Maneka Gandhi Vs Union of India (1978 AIR 597): The Supreme Court considered whether Article 19(1)(a) of the Indian Constitution was confined to Indian Territory and held that Freedom of Speech and Expression is not confined to National Boundaries.[12]

1.6. Right to Silence Bijoe Emmanuel Vs State of Kerala (AIR 1986): It was said that the government circular having legal sanction violate Article 19(1)(a), if it compels every pupil to join in the singing of National Anthem despite his genuine, conscientious religious objections.[13]

1.7. Right to Listen: The Supreme Court has also recognized the Right to Listen. Nobody can be compelled to listen and nobody can claim that has a right to make his voice tresspass into ear or mind of others.[14]

2. Sedition

The term "Sedition" means doing some act or using some words to encourage people to go against the government authority or rule of Law.

The Law was introduced by Britishers to counter the Freedom of Speech and Expression in Colonial Era. Many Freedom Fighter likes Subhas Chandra Bose, Mahatma Gandhi, Bal Gangadhar Tilak were charged under the law of Sedition.

Sedition said that politicians use Sedition as political tool to Violate under Article 19(1)(a) of Constitution of India provide Freedom of Speech and Expression, and its Fundamental Rights that cannot be taken away.

2.1. Law on Sedition in various other countries:

2.1.(a) USA: Under Article 2385 of US code, it is unlawful for anyone to knowingly teach or advocate the property of overthrowing the government by force.

2.1.(b) Germany: Volksverhetzung is a legal concept of Germany. The word loosely translate Sedition, although the law bans the Incitement of hatred against any particular race or religion.

2.1.(c) Netherland: It is a crime to insult the king, the heir apparent, and their spouse Under Article 111-113 of Dutch Penal Code.

2.1.(d) New Zealand: Sedition ceased the crime following the introduction the crime Amendments Bill in 2007, which was enforced 1st January 2008.

2.1.(e) United Kingdom: Section 73 of Coroners and Justice Act 2009 abolished Sedition. This came from 12 January 2010. Sedition by an alien (resident but not a national of the country) is an offence.[15]

2.2. Sedition Law in India

Section 124A of Indian Penal Code means "whoever by words, either spoken or written, or by any sign, or by usual representation, or otherwise brings into hatred or Contempt, or excite or attempt to excite disaffection towards the government establish by law in India".[16]

This is a non-bailable offence and punishment can go from three years to a lifetime and Fine. Anyone charged under the law also prohibited from working for government and their passport will be confiscated by the government.

3. Conflict between Sedition and Freedom of Speech and Expression

The conflict between Sedition Law and Freedom of Speech and Expression has going on since Colonial Era. Britishers implemented this law to stop Freedom Fighter or leader from speaking against them and reduce the threat against them.

In 1837, Thomas Babington Macaulay drafted Sedition Law and in 1870, the law was introduced in India by James Stephen through an amendment. Since them on multiple occasions, this law has been violated the Freedom of Speech and Expression of common people and later it transformed into political tool to prevent anyone speaking against them.

The Sedition Law has been abolished by the United Kingdom, New Zealand, and Ghana. But in India it is still applicable. According to National Crime Record Bureau Report, 76 Sedition cases were filed in the 2021.

But we also keep in mind that Right vested in United States of America under Section 19(1)(a) is not absolute Right and is subjected to some restrictions. The restriction are:

3.1. Prevent Sovereignty, and Integrity of the country.

3.2. Prevent Incitement

3.3. Prevent Hate Speech

4.Instances of Conflict

4.1. In case Vinod Dua Vs Union of India (2021):- The Supreme Court dismissed a FIR against Senior Journalists Vinod Dua in Shimla, Himachal Pradesh. After a year BJP Official has accused him to criticize remarks against Prime Minister Narendra Modi. A bench of Justices UU Lalit and Vineet Saran said every journal is entitled to protection under Kedarnath Singh Case, which define the breach of act of Sedition under Section 124A of Indian Penal Code.[17]

4.2. On 13 February 2021, a 22 year old climate change activist Disha Ravi was detained under Sedition for farmers protest. Delhi Court issued a release order within a week of arrest. According to Court, the Sedition cannot use bandage for the government injured.

4.3. In case Tara Singh Gopi Chand Vs State (1950):- The Punjab High Court held Sedition Law to constitutionally invalid because law to demand amounts of money with unreasonable restrictions on the Freedom of Speech and Expression. Its a very important case because it prompt the Jawahar Lal Nehru government to bring reasonable restriction to Freedom of Speech and Expression.[18]

4.4. Kedarnath Singh Vs State of Bihar (1962 AIR 155):- The Supreme Court try to limit the protection for abuse the Sedition Law to defend its constitutional validity. The court made it clear that criticism of government cannot be classified as Sedition unless it is an act or Speech which disturb the public peace.[19]

5. Does India still need a Sedition Law of Colonial Era?

Sedition Law was brought in India during Colonial rule to oppress the Indians and prevent them to speak against the government.

We have heard about Bal Gangadhar Tilak, he was the first person to be found guilty of Sedition Law in Colonial Era. The British government published articles in Tilak Marathi Newspaper, Kesari. Mahatma Gandhi, Jawahar Lal Nehru, and Bhagat Singh are the famous Freedom Fighter who also found guilty under Sedition Law.

In 1962, the Supreme Court of India held this law as a constitutionally valid. Because the state will be incomplete without this law. The government need to understand the criticism of government policy.

Misusing Sedition to prevent people from expressing their point of view it will be a violation of Fundamental Rights of Freedom of Speech.

In May 2022, Supreme Court of India put hold on this law and dropped all pending cases under Section 124A of Indian Penal Code. The Supreme Court allowed Union of India to review the Colonial Era Rule.

The three Judge Bench led by Chief Justice of India, N.V.Ramana instructed all Sedition laws as temporary. The Supreme Court decided to stop of Misuse of the law. This is an appreciable step by Supreme Court for first time in history of Sedition Law in India.

This is the time we need to come out of the Colonial Rules. The Law is unsound because of misuse and also disturb the Right of Freedom of Speech and Expression. Criticism always lead to growth. Criticising National Policy doesn't make him an anti-national.

6. Conclusion

Sedition and Freedom of Speech are a never ending debate. It may came to an end if the law is dropped. But at the same time, we cannot ignore the national security. Instead of dropping, we should clearly mention that if someone tries to disturb public peace, then they should be punished under this law. We just need to ensure that Fundamental Rights of Right to Speech and Expression will fully enjoyed is not taken away by misusing the Sedition Law.

7. Citation

[1] Indian Constitution of India Act 1950, Article 19(1)(a)

[2] legal service, India available at https://www.legalserviceindia.com/legal/article-6640-freedom-of-speech-and-expression-and-sedition-law-in-india-a-relative-study.html (last visited January 10, 2024)

[3] Indian kanoon, India available at https://indiankanoon.org/doc/456839/ (last visited January 7,2024)

[4] Indian kanoon, India available at https://indiankanoon.org/doc/223504/ (last visited at January 7, 2024)

[5] Indian kanoon, India available at https://indiankanoon.org/doc/125596/ (last visited January 7, 2024)

[6] Indian kanoon, India available at https://indiankanoon.org/doc/43023/ (last visited January 7, 2024)

[7] Indian kanoon, India available at https://indiankanoon.org/doc/752455/ (last visited January 7, 2024)

[8] Indian Constitution of India Act,1950 Article 19 (1)(a)

[9] Indian kanoon, India available at https://indiankanoon.org/doc/1241147/ (last visited January 7, 2024)

[10] Indian Constitution of India Act 1950, Article 19 and Article 21

[11]Indian kanoon, India available at https://indiankanoon.org/doc/1655946/ (last visited January 7, 2024)

[12] Indian kanoon, India available at https://indiankanoon.org/doc/1766147/ (last visited January 7, 2024)

[13] Indian kanoon, India available at https://indiankanoon.org/doc/1657841/ (last visited January 7, 2024)

[14] Indian Constitution of India Act, 1950 Article 19(1)(a)

[15] Pleaders, India available at https://blog.ipleaders.in/conflict-between-law-of-sedition-and-freedom-of-speech/ (last visited January 10, 2024)

[16] Indian Penal Code 1860, Section 124A

[17] Indian kanoon, India available at https://indiankanoon.org/doc/161549225/ (last visited January 7, 2024)

[18] Indian kanoon, India available at https://indiankanoon.org/docfragment/1266912/?formInput=section%20124a%20%20doctypes%3A%20judgments (last visited January 7, 2024)

[19] Indian kanoon, India available at https://indiankanoon.org/doc/111867/ (last visited January 7, 2024)