The Politics of Sedition

The 279th report of the Law Commission of India titled “Usage of the Law of Sedition” has recently been made public. This report sought to extensively study the genesis and development of the usage of Section 124A of the Indian Penal Code (IPC), which is the legal provision related to sedition. It has also made suggestions about this provision’s continued relevance, whether and why it has been misused, and the grounds for necessary amendments in this provision.

The legal challenge to Section 124A of the IPC was brought before the Supreme Court in the S G Vombatkere v Union of India case in 2022. The union government informed the Court that it was reviewing the merits of Section 124A. Accordingly, the Supreme Court passed an order in May 2022 directing the union government and all the state governments to abstain from filing any new first information reports or taking any coercive actions under Section 124A till the time the review is complete. Moreover, it ordered that all pending trials, appeals, and proceedings related to sedition should be stayed for the time being. No one can be effectively subjected to a new sedition case till the time as the Supreme Court decides the validity of Section 124A of the IPC.