New Delhi, September 12: In a significant development, the Supreme Court on Tuesday decided to refer a batch of petitions challenging the constitutional validity of the colonial-era sedition provision in the Indian Penal Code (IPC) to a Constitution bench consisting of at least five judges. This decision was made by a bench led by Chief Justice D Y Chandrachud, which declined the Centre’s request to postpone the referral, citing ongoing parliamentary efforts to re-enact provisions of the penal code.
The bench, which also included Justices J B Pardiwala and Manoj Misra, instructed the Supreme Court registry to submit the relevant documents to the Chief Justice. This move is expected to lead to the formation of a Constitution bench with a minimum of five judges to address this critical issue.
Previously, on May 1, the apex court had deferred hearings on these petitions following the Centre’s statement that it was in advanced stages of consultation regarding the re-examination of the sedition provision. However, on August 11, the Centre had introduced three bills in the Lok Sabha aimed at overhauling colonial-era criminal laws, including the repeal of the sedition law and the introduction of a broader definition of the offense.
On May 11 of the preceding year, the Supreme Court had suspended the sedition law until an appropriate government forum could re-evaluate it. During this period, the Centre and states were instructed not to register any new FIRs invoking this provision. This suspension extended to all ongoing investigations, pending trials, and legal proceedings related to the sedition law across the country.
The sedition law, enshrined in section 124A of the IPC, provides for a maximum life imprisonment term for acts that aim to create “disaffection towards the Government.” It was originally incorporated into the penal code in 1890, a significant 57 years before India’s independence and almost three decades after the IPC’s inception.
