Examining the Desirability of Sedition Laws in India vis-à-vis Era of Majoritarian Authoritarianism

In May 2022, the Supreme Court of India put section 124A of Indian Penal Code, 1860 in abeyance. While abeyance itself does not guarantee the omission of the section, it is still a step in the right direction. In this paper, the author examines the desirability of sedition laws in India, with primary focus on how the misuse of law becomes particularly threatening when there is rising majoritarian authoritarianism around the world. The author also explores the conundrum of how social identity affects the chances of getting booked for sedition. Lastly, author argues that in even if these tendencies and Section 124 A are not totally abandoned, the section could be limited instead with the help of American and European jurisprudence.