Supreme Court's Section 124A revival raises concerns over colonial sedition law
The Supreme Court's May 21, 2026, clarification, allowing lower courts to decide on sedition cases, has unlatched Section 124A of the Indian Penal Code, a provision previously frozen by the court in May 2022. This revival triggers concerns because both the Supreme Court and the Union government had acknowledged the law as "not in tune with the current social milieu" and a "colonial baggage." While the recent order aims to protect the right to a speedy trial for accused persons, it raises questions about lower courts pronouncing guilt when the constitutionality of Section 124A itself is still under challenge in the top court.
Key Points
- The Supreme Court's May 21, 2026, order revived proceedings under Section 124A (sedition) of the IPC.
- This order reverses the May 11, 2022, decision that had frozen all sedition proceedings due to rampant misuse.
- Both the Supreme Court and the Union government had previously recognized Section 124A as a colonial and outdated law.
- The clarification allows lower courts to decide on sedition cases on merits, despite ongoing challenges to the law's constitutionality.
- Concerns are raised about lower courts adjudicating guilt while the law's constitutional validity is still pending before the Supreme Court.
Exam Facts
- Provision: Section 124A (sedition) of the Indian Penal Code.
- Supreme Court Bench: Three-judge Bench (including Surya Kant).
- Key judgments: I.R. Coelho versus State of Tamil Nadu.
- Petitions challenging 124A: S.G. Vombatkere versus Union of India.
Read it. Retain it. Recall it.
Get spaced-repetition flashcards, daily quizzes and offline access — free on Android.