GK Question

Answer: violence

Kedar Nath Singh (1962) sedition law limitations: (a) Context: Challenge to constitutionality of Section 124A IPC (sedition) as violating freedom of speech under Article 19(1)(a), (b) Supreme Court holding: (i) Upheld constitutionality of sedition law but read down its scope, (ii) Sedition applies only to acts inciting violence or public disorder, not mere criticism of government, (iii) Reasonable restriction: Sedition law valid under Article 19(2) as reasonable restriction for public order, security of State, (c) 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, (d) Subsequent developments: (i) S.G. Vombatkere (2022): SC put on hold Section 124A pending government review; noted potential misuse against free speech, (ii) Bharatiya Nyaya Sanhita (2024): Replaced sedition with narrower provision requiring intent/tendency to incite violence or public disorder, (e) Rationale: (i) Democratic discourse: Criticism of government essential for accountability, democratic participation, (ii) Public order: Incitement to violence threatens social harmony, security, (iii) Proportionality: Restrictions on speech must be narrowly tailored to achieve legitimate aim, (f) Illustrates calibrated rights balancing: Freedom of speech essential for democracy; proportionality ensures sedition restrictions justified, not arbitrary, preserving democratic discourse while protecting public order.