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S.G. Vombatkere v. Union of India

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S.G. Vombatkere v. Union of India

This case examines the constitutionality of Section 124A of the Indian Penal Code that criminalises sedition.

Petitioners Arguments
The provision of Section 124A conflates State with Government and thereby mistakenly reads disaffection towards the Government as disaffection against the State. Despite the legislation in place before the Parliament to replace the existing Penal Code, the enactment of a new law will not have retrospective effect. Therefore, there is still a need to adjudicate upon the constitutional validity of Section 124A. Since Section 124A is a pre-Constitutional enactment, it cannot carry the presumption of constitutionality that post-Constitutional enactments do Prior judgements like Kedar Nath Singh only tested Section 124A against Article 19(1)(a) . However, with evolving constitutional law doctrines, the Section must be re-evaluated against Article 14 and Article 21 as well. Section 124A was made a cognizable offence only by the Code of Criminal Procedure, 1973 , meaning that it was non-cognizable even during colonial times.
Responders Arguments
The State argued that this petition must not be referred to a larger bench since the Parliament is already in the process of re-enacting the provisions of the Penal Code and a Bill for that purpose has been placed before the Standing Committee.
Last Listed On
2025-09-15
Start Date
2023-09-12
Card Stage Date
2023-09-12
Review Petition No
W.P.(C) No. 682/2021
Case Status
Pending
Bench Status
Not Constituted
Subject Matter
Constitution
Pendency
2 years, 9 months, 18 days

7 Judge Bench

Reference to larger bench

Consider As Stage Of Pendency
true

Date of institution of case

Date of reference to larger Bench

Section 124A of the Indian Penal Code , introduced in 1870, criminalizes sedition and disallows all forms of speech, representations, signage, etc. which are capable of exciting contempt and disaffection against the Government. This Section has been under scrutiny since independence for infringing upon the freedom of speech and expression. The Punjab High Court in Tara Singh Gopi Chand v. State in 1951, and the Allahabad High Court in Ram Nandan v. State 1959 ruled against Section 124A and found it to be unconstitutional and violative of free speech. However, a Constitution Bench of the Supreme Court, in 1962, upheld the validity of Section 124A of the Indian Penal Code in Kedar Nath Singh v. State of Bihar . The petition in the present case challenges the constitutional validity of Section 124A on the grounds that it is ultra vires Article 19(1)(a) , Article 14 and Article 21 of the Constitution of India On 12-09-2023, the three-judge bench of the Supreme Court referred the matter so that it may be heard by a bench of five or more judges if deemed appropriate by him.

Whether Section 124A of the Indian Penal Code is violative of Article 19(1)(a) , Article 14 and Article 21 of the Constitution of India?

Section 124A, Indian Penal Code

The Court referred the matter to the Chief Justice of India since any new Penal Code would only have a prospective effect. Therefore, existing prosecutions under Section 124A would still be governed by it and there is a need to examine its legality. In the past in Kedar Nath Singh , the validity of Section 124A was only tested on the basis of Article 19 . However, Article 19 is permeated by other fundamental rights like those under Article 14 and Article 21 and should not be examined in isolation.

Kedar Nath Singh v. State of Bihar, 1962 Supp (2) SCR 769

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Rethink the retention of sedition

Rethink the retention of sedition
Source Of Info
The Hindu
Date Of Fr
2023-06-22

The Law of Sedition and India: An Evolutionary Overview

The Law of Sedition and India: An Evolutionary Overview
Source Of Info
The Hindu Centre for Politics and Public Policy
Date Of Fr
2022-08-27

What exactly is sedition? Why successive governments defended Section 124A

What exactly is sedition? Why successive governments defended Section 124A
Source Of Info
India Today
Date Of Fr
2022-05-10

The law of sedition is unconstitutional

The law of sedition is unconstitutional
Source Of Info
The Hindu
Date Of Fr
2021-06-29

The art of dissolving dissent: India’s sedition law as an instrument to regulate public opinion

The art of dissolving dissent: India’s sedition law as an instrument to regulate public opinion
Source Of Info
LSE South Asia Blog
Date Of Fr
2019-10-04