Hamza Lakdawala

Centre’s Stance in SC on Challenge to Sedition Law a Bald Attempt to Stall its Judicial Review

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Centre’s Stance in SC on Challenge to Sedition Law a Bald Attempt to Stall its Judicial Review

Written by Hamza Lakdawala

Over the last year, multiple individuals and organizations have moved the Supreme Court challenging the constitutional validity of Section 124A of the Indian Penal Code [IPC], that is, the offence of sedition. The Union Government earlier today informed the Supreme Court that it had decided to re-examine and reconsider section 124A as part of an ongoing process of reviewing colonial laws, and requested the court to await the outcome of the reconsideration before it proceeds to decide on the validity of section 124A.

While many would look at this and see a receptive government willing to evaluate legislation to ensure that they were within the four corners of the Constitution, that is not the case. This desire to reconsider, in reality, is an attempt to stall judicial review.

Judicial review dates back to the U.S. Supreme Court’s judgment in Marbury versus Madison (1803), and is considered the backbone of any modern democracy which adheres to the separation of powers between the coordinate branches of government.

Read the full article HERE.

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