5-judge Bench to look into Sec 124A validity

Bench to also examine ‘correctness’ of 1962 Kedar Nath judgment

The Supreme Court on Tuesday referred to a five-judge Constitution Bench a batch of 16 petitions challenging the constitutional validity of the colonial era sedition law ~ Section 124A of the Indian Penal Code ~ on the touchstone of the right to equality before law (Article 14) and the right to protection of life and personal liberty (Article 21) of the Constitution.

Referring the challenge to the validity of the sedition law to a five-judge Bench, Chief Justice D Y Chandrachud, heading a Bench also comprising Justices J B Pardiwala and Manoj Misra said that the Constitution Bench will also look into the “correctness” of the 1962 Kedar Nath Singh judgment by a five-judge Constitution Bench, that had upheld the validity of Section 124A IPC after it was challenged on the grounds of violating Article 19(1)(a), guaranteeing freedom of speech and expression, and Article 19(2), imposing restrictions on free speech and expression.