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In S.G. Vombatkere v. Union of India (May 2022), the Supreme Court put on hold Section 124A IPC (sedition) and directed government review. The new Bharatiya Nyaya Sanhita (effective July 2024) replaced sedition with a narrower provision requiring:
- Only criticism of government to be punishable
- Acts endangering sovereignty, unity, integrity of India with intent/tendency to incite violence or public disorder
- All dissent against government policies to be criminalized
- Complete abolition of any law against anti-national speech
Answer: Acts endangering sovereignty, unity, integrity of India with intent/tendency to incite violence or public disorder
Sedition law reform: (a) Vombatkere (2022): SC put on hold Section 124A IPC pending government review; noted potential misuse against free speech, (b) Kedar Nath Singh (1962) limitation: Sedition applies only to acts inciting violence or public disorder, not mere criticism of government, (c) Bharatiya Nyaya Sanhita (BNS, effective July 2024): Replaces Section 124A with narrower provision: (i) Acts endangering sovereignty, unity, integrity of India, (ii) Requires intent or tendency to incite violence or public disorder, (iii) Higher threshold than old sedition law, aligning with Kedar Nath limitations, (d) Applications: (i) Free speech protection: Legitimate criticism, dissent, protest protected; only incitement to violence punishable, (ii) National security: Genuine threats to sovereignty, integrity addressed through calibrated legal provisions, (iii) Judicial oversight: Courts scrutinize charges to prevent misuse against political dissent, (e) Balance: Freedom of speech (Article 19(1)(a)) subject to reasonable restrictions (Article 19(2)) for sovereignty, security, public order; proportionality test ensures restrictions justified, not arbitrary. Illustrates adaptive constitutionalism: Refining laws to prevent misuse while preserving legitimate state interests.