Supreme Court Reviews Sedition Law Amid Proposed Legislative Reforms

New Delhi, Feb 28: The Supreme Court on Friday discussed the contentious sedition provision under the Bharatiya Nyaya Sanhita, observing that the Union government’s earlier commitment to review the sedition offense does not restrict Parliament from retaining it in Section 152.

A bench headed by Chief Justice Surya Kant and Justice Joymalya Bagchi heard a public interest litigation challenging Section 152, which criminalizes actions threatening India’s sovereignty, unity, and integrity, including attempts to incite rebellion or secession. Critics argue that this effectively mirrors the colonial-era sedition law of Section 124A of the Indian Penal Code, despite the government’s 2022 assurance to reconsider it.

Advocate Menaka Guruswamy, representing petitioners, highlighted the apparent contradiction, asserting that the government cannot pledge to withdraw sedition and then see it reinstated under Section 152. The bench, however, clarified that the government’s undertaking does not bind Parliament.

“Parliament is not bound by the government’s undertaking,” the court said, underlining the legislature’s independent authority to enact laws. The bench added that judicial review will assess whether provisions of the Bharatiya Nyaya Sanhita comply with constitutional safeguards.

The court further noted that the legislation is operational and stated, “Over time, we will identify which provisions may pose challenges and whether they require judicial resolution or legislative action.”

The matter is slated for further hearings in March.