1. The sedition law has been in controversy for far too long, often the governments are criticized for
its rampant usage in modern times. Keeping this in view, Explain why you think India still
follows a law that the world has junked. (10 Marks) (150 Words)
Answer: Section 124 of the IPC states that whoever by words, either spoken, written, or by signs brings or attempts to bring hatred or contempt or excites disaffection towards the government of the day shall be punished with imprisonment for life.
This has been in news as the Honorable Supreme court suspended all pending trials, and appeals with regard to charges framed under Section 124 and Section 154 of IPC citing revision of the law.
Reasons for the controversy: Governments in power are often criticized for their frequent use to curb dissent and silence critics. Example: (1) Disha Ravi issue in Bangalore over farm laws and (2) Kashmiri students overWhatsapp status.
Misuse of law by police and other authorities claiming to prevent public disorder and ill will.
Violation of the individual fundamental rights of Articles 19 and 21, restraining freedom of speech and expression.
Promoting enmity between classes, and communities resulting in social cleavage.
Unsparing usage of this law turns India into elected autocracy as opined by the liberals.
Constitutional experts too lament for governments’ disregard towards the SC judgments on Kedarnath Singh vs state of Bihar, Vinod dua case(2021) for blatant misuse of the law.
Terms in Section 124(A) like disaffection are vague and can be misused. Why India holds on to this law:
There are some tendencies and incidents even today that wish to overthrow the law and order and constitutional scheme by misusing fundamental rights through hate speech, Example Hanuman Chalisa riots in Mumbai.
Rising fundamentalism, communalism, ultra-nationalism may add fuel to the fire causing
deep social unrest if abolished completely.
Certain areas in India such as Mumbai, Hyderabad, Delhi, etc are socially fragile and few places in north east India witness hostile and insurgent activities created by rebel groups.
Social media penetration and emerging fake news may play havoc as was seen in Muzaffarpur riots.
Sedition law deters anti national, secessionist, and terrorist activities by uprooting them and preserving law and order.
India which stood as the largest democracy in the world as an example for centuries for its tolerance and continuity will erode if the sedition law goes. Hence, necessary course corrections by checking communal clashes, adherence to SC guidelines, and leveraging technology will help to maintain peace and order. Therefore, Sedition law must stay but by revisiting those clauses that are irrelevant to the present dynamics of the society.
2. What is the ‘office of profit’ and mention about its constitutional position? Can exemptions be
granted under the law? Discuss. (10 marks) (150 Words)
Generally, MPs and MLAs hold the government accountable for its work. When legislators hold an ‘office of profit under the government, they might be susceptible to government influence, and may not discharge their constitutional mandate fairly.
Office of profit is defined as when any public representative and civil servant receives benefits from any organizations other than his office of incumbency, then that office is termed as “office of profit”. The office of profit law simply seeks to enforce a basic feature of the Constitution the principle of Separation of power between legislature and executive, but nowhere it’s clearly defined in the Constitution.
Under Article 102(1) and Article 191(1) of the Constitution, an MP or an MLA is barred from holding any office of profit under the Central or State government.
Recently, the Election Commission issued notice to Jharkhand chief minister in reference that his holding an “Office of Profit” by granting a mining lease to himself in 2021. In the recent past, several legislatures have enacted laws exempting certain offices from the purview of the office of Profit. Parliament has also enacted the Parliament (Prevention of Disqualification)Act,1959 which has been amended several times to expand the exempted list such as Ministers of State and Deputy Ministers, Parliamentary Secretaries and Parliamentary Under Secretaries, and Deputy Chief Whips in Parliament.
Hence, the Office of Profit, although not clearly mentioned in the Constitution, holds great significance by enabling the public servants to adhere to the constitutional mandate.
