Striving Balance between Article 19(1)(a) and Section 124-A of IPC: A Legitimate Interests in Present Scenario

Abstract

The labor of our nationalists reaps in liberal democratic country securing its citizens the fundamental right to express their legitimate thought, which was once deprived in the country .Regardless of sedition as a ground for restriction of freedom of speech and expression is deliberately been omitted by the members of constitutional assembly, it finds its place in the statute book as an offence under section 124-A of IPC. Apex court allows disapprobation as legitimate interests in line with the decision of federal court in Niharendu Dutt Majumdar v The King Emperor. Howsoever there has been a wide discord between Higher judiciary ; executive and lower judiciary in approaching the section .The blatant use of the section 124-A to repress the voice of individuals when it goes against the political interests or agenda of the government established by law in an alarming rate , shifts us back to colonial regime .As rightly enunciated by Justice Balbir Singh Chauhan ,the chairman of 21st Law commission of India, the application of this section needs reconsideration. Though in accordance with current scenario, it does not need to be struck off from statute book, yet blatant use of the section needs to be halted and the balance between article 19(1)(a) and section 124-A deserves to be achieved.