Section 124-A (sedition) under the IPC is a non-bailable provision.
The Central government on Monday informed the Supreme Court that it has decided to re-examine and reconsider the provisions of Section 124A which criminalises the offence of sedition and requested it not to take up the case till the matter is examined by the government.
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In a fresh affidavit, the Centre said that Prime Minister Narendra Modi is of the firm view that the baggage of colonial-era laws, which outlived their utility, must be scrapped during the period of `Azadi Ka Amrit Mahotsav` (75 years of independence). In that spirit, the government of India has scrapped over 1,500 outdated laws since 2014-15, it said.
"It has also ended over 25,000 compliance burdens which were causing unnecessary hurdles to the people of our country. Various offences which were causing mindless hindrances to people have been de-criminalised. This is an ongoing process. These were laws and compliances which reeked of a colonial mindset and thus have no place in today`s India," the Centre said.
"The Centre being fully cognizant of various views being expressed on the subject of sedition and also having considered the concerns of civil liberties and human rights, while committed to maintain and protect the sovereignty and integrity of this great nation, has decided to reexamine and reconsider the provisions of Section 124A of the IPC which can be done only before the competent forum," the affidavit said while requesting the apex court to await the outcome of the Centre`s exercise to re-examine Section 124A.
On the other hand, the Central government on Saturday told the Supreme Court that the 1962 verdict of the five-judge Constitution bench case which upheld the validity of the offence of sedition under Section 124A of the Indian Penal Code, is binding and continues to be is a "good law and needs no reconsideration".
The Centre further submitted that a three-judge bench cannot hear a legal challenge to the Constitutionality of Section 124A. Only a bench of co-equal strength of Kedar Nath Singh can pose any doubts on the verdict, the Centre stated while adding that thus, for reconsideration of Kedar Nath Singh judgement, the matter will have to be referred to a bench of five judges or more.
The response of the Central government was filed on a batch of pleas challenging the constitutional validity of the sedition law.
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A three-judge bench headed by Chief Justice of India NV Ramana had said that it will first decide the issue of whether the petitions challenging the constitutional validity of Section 124A will be referred to the larger bench or not.
The bench had posted the matter for hearing on May 10 for arguments on referrals of the petitions to the larger bench and had also granted the last opportunity to the Centre to file its affidavit on the pleas.
Earlier, Attorney General of India KK Venugopal had told the Supreme Court that the sedition law should not be struck down but there is a need for guidelines on this section.
Section 124-A
Section 124-A (sedition) under the IPC is a non-bailable provision. Earlier, a different bench of the top court had sought a response from the Centre on a plea challenging the Constitutional validity of sedition law, filed by two journalists -- Kishorechandra Wangkhemcha and Kanhaiya Lal Shukla -- working in Manipur and Chhattisgarh respectively.
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 "Decided to re-examine and reconsider sedition law: Centre to Supreme Court")
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