BOOM

Trending Searches

    Boom VIP
    BOOM

    Trending News

      • Fact Check 
        • Fast Check
      • Law
      • Explainers
      • News 
        • All News
      • Decode
      • BOOM Reports
      • Media Buddhi 
        • Digital Buddhi
        • Senior Citizens
        • Videos
      • Web Stories
      • Boom Verified
      • Workshops
      • Videos
      • Home-icon
        Home
      • About Us-icon
        About Us
      • Authors-icon
        Authors
      • Team-icon
        Team
      • Careers-icon
        Careers
      • Internship-icon
        Internship
      • Contact Us-icon
        Contact Us
      • Methodology-icon
        Methodology
      • Correction Policy-icon
        Correction Policy
      • Non-Partnership Policy-icon
        Non-Partnership Policy
      • Cookie Policy-icon
        Cookie Policy
      • Grievance Redressal-icon
        Grievance Redressal
      • Republishing Guidelines-icon
        Republishing Guidelines
      • Fact Check-icon
        Fact Check
        Fast Check
      • Law-icon
        Law
      • Explainers-icon
        Explainers
      • News-icon
        News
        All News
      • Decode-icon
        Decode
      • BOOM Reports-icon
        BOOM Reports
      • Media Buddhi-icon
        Media Buddhi
        Digital Buddhi
        Senior Citizens
        Videos
      • Web Stories-icon
        Web Stories
      • Boom Verified-icon
        Boom Verified
      • Workshops-icon
        Workshops
      • Videos-icon
        Videos
      • Home
      • Law
      • No Need To Reconsider Judgment On...
      Law

      No Need To Reconsider Judgment On Sedition: Centre Tells SC

      Kedar Nath judgement says that only speech which incites violence or public disorder is seditious. Anything else is exempt.

      By - Ritika Jain | 7 May 2022 4:35 PM GMT
      • Facebook
      • Twitter
      • Whatsapp
      • Telegram
      • Linkedin
      • Email
      • Print
      • link
      • Facebook
      • Twitter
      • Whatsapp
      • Telegram
      • Linkedin
      • Email
      • Print
      • link
      • Facebook
      • Twitter
      • Whatsapp
      • Telegram
      • Linkedin
      • Email
      • Print
      • link
    • No Need To Reconsider Judgment On Sedition: Centre Tells SC

      The Centre told the Supreme Court that the 1962 Kedar Nath judgment which deals with sedition is good law and does not need reconsideration. The Supreme Court's 1962 judgement, passed by a five-judge constitution bench has stood the test the time, the Centre added.

      In its affidavit, the Centre added that individual instances of abuse of law can never be a justification to reconsider a binding judgment of the Constitution Bench. The remedy, the Centre said, lies in preventing such abuse on a case-to-case basis rather than doubting a long-standing settled law that is 60 years old.

      The Kedar Nath judgement says that only speech that incites violence or public disorder is seditious. Anything else is exempt.

      The Centre's submission comes days before the top court will hear arguments on whether its 1962 verdict needs to be reconsidered before it deals with the issue on the constitutional validity of sedition.

      Also Read: Supreme Court Quashes Sedition Case Against Journalist Vinod Dua

      Kedar Nath has stood the test of time

      It is a settled legal position that a judgment that withstood the test of time and has been followed not mechanically but in the context of changing circumstances, cannot be easily doubted, the Centre added.

      The top court has analysed, tested, and elaborated the Kedar Nath judgment in several cases, the latest being in June 2021, the Centre said referring to the Vinod Dua case where the top court quashed sedition charges filed against the late journalist.

      Also Read: Explained: What Is Sedition And Why The SC Wants It Dropped

      Only a bench of equal strength can pose doubts

      The Centre said that the Kedar Nath judgment was delivered by a five-judge Constitution Bench and it is binding on a three-judge bench. Only a bench of equal strength can doubt the judgment, the Centre added.

      The Centre further argued that subsequent judgements on other issues cannot be grounds to refer a long-standing precedent to a larger bench. If this argument is considered then every judicial pronouncement will have to be reconsidered and re-examined.

      Also Read: "Do We Need The Sedition Law After 75 Years?": Supreme Court To Centre


      Tags

      SeditionSupreme Court Of India
      Read Full Article
      Boom

      Do you always want to share the authentic news with your friends?

      Subscribed Successfully...
      Enter Valid Email Id
      • Facebook
      • Twitter
      • Whatsapp
      • Telegram
      • Linkedin
      • Email
      • Print
      • link
      • Facebook
      • Twitter
      • Whatsapp
      • Telegram
      • Linkedin
      • Email
      • Print
      • link
      • Facebook
      • Twitter
      • Whatsapp
      • Telegram
      • Linkedin
      • Email
      • Print
      • link
      Next Story
      • Facebook
      • Twitter
      • Whatsapp
      • Telegram
      • Linkedin
      • Email
      • link
      • Facebook
      • Twitter
      • Whatsapp
      • Telegram
      • Linkedin
      • Email
      • link
      • Facebook
      • Twitter
      • Whatsapp
      • Telegram
      • Linkedin
      • Email
      • link
      Our website is made possible by displaying online advertisements to our visitors.
      Please consider supporting us by disabling your ad blocker. Please reload after ad blocker is disabled.
      X
      X
      Or, Subscribe to receive latest news via email
      Subscribed Successfully...
      Copy HTMLHTML is copied!
      There's no data to copy!