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5 Issue 2 Indian J.L. & Legal Rsch. 1 (2023)
Is Sedition a Threat to Democracy?

handle is hein.journals/injlolw11 and id is 4325 raw text is: Indian Journal ofLaw and Legal Research IS SEDITION A THREAT TO DEMOCRACY? Vanshita Gupta, University of Petroleum and Energy Studies ABSTRACT The word 'Sedition' is thus extremely nuanced and needs to be applied with caution. It is like a cannon that ought not to be used to shoot a mouse; but the arsenal also demands possession of cannons, mostly as a deterrent, and on occasion for shooting. Its effectiveness in the current democratic system is called into doubt by this. In a democratic and independent India, there is constant discussion about the necessity and relevance of this part. Misuse of the law of sedition occurred both before and after independence, raising major questions about whether such legislation is still necessary today. In common sense, sedition refers to inciting rebellion against the government. Sedition covers all actions that aim to incite dissent to the Constitution, the Government, or the Parliament in order to cause a disturbance or spark a civil war, as well as, more broadly, any actions that aim to arouse public unrest or disorder. Sec. 124(A) of the Indian Penal Code and Art. 19 of the Indian Constitution have a tense connection. The right to freedom of speech and expression is guaranteed under Article 19(1)(a) of the Indian Constitution, which states that all people shall have the right to freedom of speech and expression. but this freedom is not absolute if absolute would hamper the democracy and would lead to defaming or seditious propaganda under the disguise of exercising their constitutional rights of expression. To strike a balance Sec 19 (2) comes into the picture which provides reasonable restrictions by the state. First Amendment. In spite of its liberal and democratic values, the law of sedition still exists in the US today, though the US Supreme Court has read down its scope over a period of time. Both the countries are the largest democracies and yet their penal law is characterized by the presence of the age-old law of sedition. In this paper, the author attempts to analyze the present sedition law in the light of Article Page: 1 Volume V Issue II1| ISSN: 2582-8878

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