In the thought-provoking book “A Constitution to Keep: Sedition and Free Speech in Modern India,” Supreme Court lawyer Rohan J Alva delves into the contentious issue of sedition and its impact on freedom of speech in India. Alva argues that to ensure the survival of Indian democracy, it is crucial to do away with the archaic law of sedition and unleash the full potential of free speech. In this article, we explore the central message of Alva’s book and the importance of protecting democracy by upholding the right to express dissenting opinions.
The law on sedition, which dates back to the colonial era, has long been a subject of controversy and interest. It was used by the British to suppress voices questioning their rule, thereby stifling the freedom struggle for India’s independence. Despite India gaining its freedom in 1947, the law of sedition persisted, creating legal, political, and historical complexities that Alva meticulously dissects in his book.
Alva passionately argues that allowing sedition to loom like a sword of Damocles over the heads of the Indian people jeopardizes political speech and, ultimately, Indian democracy itself. The promise of India’s freedom lies in the fundamental right to free speech, and it is essential to realize this promise to safeguard and enhance Indian democracy. Alva believes that the full potential of the freedom of speech can be harnessed by repealing the law on sedition.
Alva asserts that quelling the voice of the people through sedition should be treated as a constitutional sin. Each day that sedition remains on the statute books is a day when freedom of speech, expression, and Indian democracy suffer an unconstitutional blow. Although the Indian Constitution initially abolished sedition, subsequent events, including a constitutional amendment, revived Section 124A of the Indian Penal Code. However, in 2022, the Supreme Court suspended Section 124A, questioning the necessity of such a law in modern India.
In “A Constitution to Keep: Sedition and Free Speech in Modern India,” Rohan J Alva presents a compelling case for the removal of the law on sedition to safeguard Indian democracy and unleash the true potential of freedom of speech. His book serves as a call to action, urging citizens to understand the complexities surrounding sedition and appreciate the enduring importance of free speech rights. By embracing the promise of free speech and actively advocating for its protection, India can ensure a vibrant democracy that upholds the principles of liberty and justice for all.