In a written submission, the Centre has told the three-judge bench that the verdict in the Kedarnath Singh vs State of Bihar upholding sedition law is binding and that a three-judge bench cannot examine its validity
The Centre on Saturday defended the colonial-era sedition law in the Supreme Court. It told the court that the 1962 verdict of the five-judge Constitution bench in Kedarnath Singh vs the State of Bihar is binding and continues to be a good law and needs no reconsideration. The Centre said the five-judge bench judgment has stood the test of time and applied to date in tune with modern constitutional principles.
In a written submission, the Centre told the three-judge bench, led by Chief Justice NV Ramana, that the verdict in the Kedarnath Singh vs State of Bihar upholding sedition law is binding. It also said that a three-judge bench cannot examine the validity of the law. “A constitutional bench has already examined all aspects of Section 124 A (sedition law) in context of fundamental rights like right to equality and right to life,” the government said.
The government also pointed out that individual instances of misuse of provision cannot be a ground for reconsideration of Kedarnath Singh verdict. Instances of the abuse of provision would never be a justification to reconsider a binding judgment of the Constitution bench, it submitted.
Earlier, the pleas challenging the sedition law were filed by five parties including the Editors Guild of India and Trinamool MP Mahua Moitra.
A three-judge special bench of Chief Justice NV Ramana and Justices Surya Kant and Hima Kohli will hear the pleas challenging the validity of the sedition law on 10 May.
With input from agencies