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Deliberate upon the need for review of Kedarnath Judgment which upheld constitutional validity of Sedition in India.

Topic: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

4. Deliberate upon the need for review of Kedarnath Judgment which upheld constitutional validity of Sedition in India. (250 words)

Reference:  The Hindu

Why the question:

The article explains that there is an urgent need to review the Kedarnath judgment on sedition law.

Key Demand of the question:

Deliberate upon the need for review of Kedarnath Judgment which upheld constitutional validity of Sedition in India.

Directive:

Deliberate – Weigh up to what extent something is true. Persuade the reader of your argument by citing relevant research but also remember to point out any flaws and counter- arguments as well. Conclude by stating clearly how far you agree with the original proposition.

Structure of the answer:

Introduction:

Start with what the Kedarnath judgment is about.

Body:

The answer body must have the following aspects covered:

Briefly discuss – In Vinod Dua’s case (2021), the Supreme Court has reaffirmed the law of sedition upheld in Kedar Nath Singh (1962). The Kedar Nath judgment upheld the constitutional validity of Section 124A of the Indian Penal Code. The court held that only writings or speeches which incite people to violence against the Government will come within the ambit of sedition.

Then move on to explain why Kedarnath judgment needs a review.

Discuss for and against the sedition law in the country.

Conclusion:

Conclude that people have the right to criticize the government, which is part and parcel of democracy. Hence, the law of sedition which penalizes people for criticizing the government should be declared unconstitutional.