Tuesday 16 February 2016

Sedition

The law of sedition in India dates back to the colonial era and relates to the uttering of seditious words or doing seditious acts. Sedition is an act aimed at bringing about disaffection for the government. Seditious intention is the intention to bring about hatred or contempt for the government. Section 124A of the Indian Penal Code lays down the provisions relating the offence of sedition though the word 'sedition' does not occur in the section but only in the marginal note.
Section 124A provides: Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.
The offence comprises of two parts:
(1) an intention to bring or attempt to bring into contempt, or excite or attempt to excite disaffection towards the government established by law; and
(2) such intention is brought into effect by words either spoken or written or signs or by visible representation or otherwise.
Mere criticism of an administrative action does not amount to sedition, rather the intention of the person to incite an offence must be clear from the words.
While the section seems to be unconstitutional affecting the freedom of speech and expression, it is saved by the exceptions under Article 19(2). The exception on the ground of "in the interest of public order" saves the section as the term public order has a wide connotation. Article 19(2) states:  Nothing in sub clause (a) of clause ( 1 ) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.
The words or acts that are deemed to be seditious must have an intention of creating disaffection against the government established by law and must be aimed at inciting an offence. They have an effect of creating public disorder. The intention of inciting an offence can be gathered from the nature of the words used.
 

Monday 15 February 2016

President's rule

Article 356 of the Constitution of India lays down the provisions relating to the failure of constitutional machinery in State. The Article provides for the circumstances when the President may assume functions of the Government of the State either himself or declare them to be exercisable by the Parliament. The various provisions of the Article are as follows:
(1) If the President is satisfied on receiving a report from the Governor or otherwise, that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of the Constitution, then he may by a proclamation either assume all functions of the government of the State and exercise all or any of the powers exercisable by the governor or any other authority other than the State Legislature or declare such powers to be exercised by the Parliament or an authority under it. He may make such incidental and consequential provisions as appear necessary to the President for giving effect to the object of the Proclamation, including the provision of suspending in whole or in part any provisions of the Constitution relating to any body or authority in the State. Provided nothing in the clause (1) gives authority to the President to assume powers vested in or exercisable by a High Court or suspend in whole or in part any part of the Constitution relating to High Courts.
(2) Any such proclamation may be altered or revoked by a subsequent proclamation.
(3) Any such proclamation except the one revoking the previous proclamation shall cease to operate after the expiry of two months unless approved by a resolution of both the Houses of the Parliament.
(4) A Proclamation approved by the Parliament shall cease to operate on the expiration of six months from the date of the issue of the proclamation unless a resolution approving the continuance in force of such proclamation is passed by both the Houses of the Parliament. In such case, the proclamation unless revoked, shall continue in force for another six months.
(5) A resolution with respect to the continuance of a proclamation beyond the expiration of one year from the date of issue, shall not be passed unless a Proclamation of Emergency is in operation either in whole or part of India at the time of passing of such resolution or the Election Commission certifies that the continuance of such proclamation is necessary on account of difficulties in holding general elections to the Legislative Assembly of the State concerned.
Article 357 provides that when a proclamation under Article 356(1) declares that the powers of the Legislature of the State may be exercised by or under the authority of the Parliament, it may delegate to the President the power to make laws and authorize the President to delegate such power to any other authority. Any laws so passed, after the cessation of the Proclamation may continue in force until altered, repealed or amended by a competent Legislature or other authority.