THE STUDY CRITICALLY EXAMINES THE LAW OF SEDITION IN INDIA AND EXPLORES THE SUPREME COURT'S INTERVENTION IN SPECIFIC CASES, WITH A FOCUS ON THE RECENT INSTANCE INVOLVING A SHOPKEEPER IN UTTAR PRADESH

Rafiq Uddin; Mithilesh Kumar Yadav

doi:10.29121/shodhkosh.v5.i6.2024.2798

THE STUDY CRITICALLY EXAMINES THE LAW OF SEDITION IN INDIA AND EXPLORES THE SUPREME COURT'S INTERVENTION IN SPECIFIC CASES, WITH A FOCUS ON THE RECENT INSTANCE INVOLVING A SHOPKEEPER IN UTTAR PRADESH

Authors

Rafiq Uddin Research Scholar, IIMT University Meerut, UP.
Dr. Mithilesh Kumar Yadav Assistant Professor, College Of LAW, IIMT University, Meerut, U.P.

DOI:

https://doi.org/10.29121/shodhkosh.v5.i6.2024.2798

Keywords:

1. **Section 124A of the IPC: ** Defines sedition and prescribes penalties., 2. **Supreme Court's Role: ** Key judgments have shaped the interpretation and application of sedition law., 3. **UP Shopkeeper Case: ** Recent example of judicial intervention in sedition charges., 4. **Criticisms of Sedition Law: ** Focus on vagueness, potential for misuse, and impact on free speech., 5. **Judicial Safeguards: ** Efforts by the Supreme Court to limit the misuse of sedition law., 6. **Comparative Analysis: ** Examines sedition laws in other democracies., 7. **Reform Proposals: ** Suggestions for amending or repealing Section 124A to align with democratic principles.

Abstract [English]

This study critically examines the law of sedition in India and explores the Supreme Court's intervention in specific cases, with a focus on the recent instance involving a shopkeeper in Uttar Pradesh. Section 124A of the Indian Penal Code (IPC) defines and criminalizes sedition, but its broad interpretation and potential for misuse have raised significant legal and ethical concerns. The Supreme Court of India has played a pivotal role in interpreting and limiting the scope of this law to prevent abuse and protect fundamental rights. Through a detailed analysis of judicial precedents and recent cases, this study aims to highlight the ongoing challenges and implications of sedition law in India.

References

Supreme Court Judgments: Kedar Nath Singh vs. State of Bihar, Balwant Singh vs. State of Punjab, Common Cause vs. Union of India.

Comparative legal analysis of sedition laws in the UK, USA, and Australia.

Academic articles and reports on the impact of sedition law on free speech in India.

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Published

2024-06-30

How to Cite

Uddin, R., & Yadav, M. K. (2024). THE STUDY CRITICALLY EXAMINES THE LAW OF SEDITION IN INDIA AND EXPLORES THE SUPREME COURT’S INTERVENTION IN SPECIFIC CASES, WITH A FOCUS ON THE RECENT INSTANCE INVOLVING A SHOPKEEPER IN UTTAR PRADESH. ShodhKosh: Journal of Visual and Performing Arts, 5(6), 2008–2015. https://doi.org/10.29121/shodhkosh.v5.i6.2024.2798

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Issue

Vol. 5 No. 6 (2024): Volume 5 Issue 6 June - 2024

Section

Articles

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