Article Title: The Limits Of Freedom

Article Summary

This article deals with the meaning and history of Sedition in Indian Constitutional System; the incidents which may or may not be cited as Sedition in the Indian Chronicle. Freedom of Speech and Expression guaranteed in the article 19(1)(a) could be revoked through Article 19(2) as stated in the constitutional draft, but was opposed my eminent leaders like KM MUNSHI, JAWAHARLAL NEHRU and others because it would have been a constant reminder of the lack of Freedom of Speech during the British Regime; thus was Omitted . Still Sedition is a criminal offence under IPC Section 124-A.

Sedition earlier meant to include any statement that caused “Disaffection”, namely, exciting others certain bad feelings about the government, but now after much debate defines the acts or the words complained of must either incite to disorder or much be such to satisfy reasonable men that it is their intention or tendency. Slogans like KHALISTAN ZINDABAD, RAJ KAREGA KHALSA, PAKISTAN ZINDABAD ETC, however deployable would not attract sedition, as there is no forcing or violence or violation of law in such case. But if words like HINDUSTAN MURDABAD, or any Indian State is tyrannical, must be overthrown may lead to sedition. Thus the author concludes that no fundamental right is absolute. These laws are made by humans and are bound to have flaws and may be misused by cunning men.