Freedom of Speech and Expression and Law of Sedition: A Critique

The right to freedom of speech and expression is considered to be indispensable for the preservation of a democratic society wherein the citizens are active participants in political affairs and form the foundation of such a society. But this freedom is not absolute because a complete absence of restraint would lead to disorder and anarchy. Reasonable restriction upon the right to freedom of speech and expression can be found under Article 19(2). Although sedition is not mentioned as a restriction under Article 19(2), there is the use of more general words which would encompass sedition and anything else that make sedition an offence. So it has been a debatable issue ever since the Constitution came into force whether the law of sedition as it stands is violative of the right to freedom of speech and expression enshrined under Article 19(1)(a) of the Constitution or not.