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Directions: Read the following passage and answer the question.
During the course of a lecture, Supreme Court (SC) judge Justice Deepak Gupta, remarked that the time had come to reconsider the law of sedition. Highlighting a number of recent examples, he observed that the law of sedition "is more often abused and misused", and that "freedom of expression being a constitutional right must get primacy over the laws of sedition".
Justice Gupta's observations are a significant intervention in the ongoing debate about the utility of the sedition law in India of 20192019. As Justice Gupta correctly noted in his lecture, sedition is - of course - of colonial origin. The British regime enacted it in order to suppress political and cultural dissent, and many of the most famous figures of the freedom struggle - including Gandhi - were sent to jail on charges of sedition. The very text of the sedition law reflects its colonial provenance. In prohibiting "disaffection", "contempt" or "hatred" against the government, it effectively requires citizens to love their rulers - or, at least, to not make their dislike publicly known. It was for this reason that there was a fierce debate about sedition in the Constituent Assembly. Attempts to include it as a specific restriction upon the freedom of speech were defeated, and Jawaharlal Nehru himself went on to promise that the government would soon get rid of it. However, the government didn't, and in 19621962, the SC upheld the constitutional validity of sedition. The court held that penalising sedition was a reasonable restriction upon the freedom of speech - however, only if the words of the provision themselves were given a narrow meaning. In other words, it wasn't enough to just spread "disaffection" against the government, but to do so in a manner that incited violence or public disorder. In the five-and-a-half decades since that judgment, the SC has refined the test further, noting that the link between speech and public disorder must be like that of a "spark in a powder keg", and that it must constitute an incitement to "imminent" lawless action.
The problem, however, is that there remains a massive gap between the words of the sedition law — "disaffection", "contempt", and "hatred" - and the interpretation placed upon it by the Supreme Court - incitement to imminent lawless action. An ordinary person who simply looks at the text of the law is unlikely to divine that what it actually requires is incitement to public disorder. It is this gap that has allowed the law of sedition to be used as a political tool. As Justice Gupta also pointed out in his lecture, sedition is a cognizable offence, which means that the police can arrest an accused without the need for a judicial warrant. This allows for the deprivation of personal liberty with great ease; so while there are very few convictions for sedition, the provision's broad wording facilitates - to use an old cliche - "the process being the punishment".
Keeping this in mind, and the fact that we already have laws to penalise and punish people who call for and incite violence, Justice Gupta's call to relook at, and review, the sedition law must be heeded. The real bite of the sedition law is in its broad wording. Terms like "disaffection" and "contempt" can be stretched to mean just about anything, enabling, for instance, prosecuting 7,0007,000 farmers for protesting against a nuclear power plant (as happened a few years ago). But it is this precise broad wording - with its colonial rationale of insulating the government from the citizen - that is contrary to the Constitution, and the precise reason why the SC has given it a narrow (and almost unrecognisable) meaning. As events have shown, however, the gap between the law and its judicial interpretation has become so wide that there can be no interpretive bridge that will adequately protect liberty; this being the case, the Supreme Court will, hopefully, reconsider its 19621962 decision, and strike down the law of sedition as being unconstitutional. This will be the greatest tribute to Gandhi.
Q. Which gap has allowed the law of sedition to be used as a political tool?
  • a)
    Gap between the colonial government and Indian leaders
  • b)
    Gap between sedition law and freedom of speech.
  • c)
    Gap between words "“disaffection", "contempt", and "hatred" and the interpretation by the Supreme Court
  • d)
    Gap of thoughts and opinions
Correct answer is option 'C'. Can you explain this answer?
Most Upvoted Answer
Directions: Read the following passage and answer the question.During...
This is the correct option for the given question.
The law of sedition to be used as a political tool.
This happens because there is massive gap between the words of the sedition law — "disaffection", "contempt", and "hatred" - and the interpretation placed upon it by the Supreme Court - incitement to imminent lawless action. It is this gap that has allowed the law of sedition to be used as a political tool. Sedition is a cognizable offence, which means that the police can arrest an accused without the need for a judicial warrant. This allows for the deprivation of personal liberty with great ease.
Therefore, the correct answer is gap between words "“disaffection", "contempt", and "hatred" and the interpretation by the Supreme Court
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Directions: Read the following passage and answer the question.During the course of a lecture, Supreme Court (SC) judge Justice Deepak Gupta, remarked that the time had come to reconsider the law of sedition. Highlighting a number of recent examples, he observed that the law of sedition "is more often abused and misused", and that "freedom of expression being a constitutional right must get primacy over the laws of sedition".Justice Gupta's observations are a significant intervention in the ongoing debate about the utility of the sedition law in India of 20192019. As Justice Gupta correctly noted in his lecture, sedition is - of course - of colonial origin. The British regime enacted it in order to suppress political and cultural dissent, and many of the most famous figures of the freedom struggle - including Gandhi - were sent to jail on charges of sedition. The very text of the sedition law reflects its colonial provenance. In prohibiting "disaffection", "contempt" or "hatred" against the government, it effectively requires citizens to love their rulers - or, at least, to not make their dislike publicly known. It was for this reason that there was a fierce debate about sedition in the Constituent Assembly. Attempts to include it as a specific restriction upon the freedom of speech were defeated, and Jawaharlal Nehru himself went on to promise that the government would soon get rid of it. However, the government didn't, and in 19621962, the SC upheld the constitutional validity of sedition. The court held that penalising sedition was a reasonable restriction upon the freedom of speech - however, only if the words of the provision themselves were given a narrow meaning. In other words, it wasn't enough to just spread "disaffection" against the government, but to do so in a manner that incited violence or public disorder. In the five-and-a-half decades since that judgment, the SC has refined the test further, noting that the link between speech and public disorder must be like that of a "spark in a powder keg", and that it must constitute an incitement to "imminent" lawless action.The problem, however, is that there remains a massive gap between the words of the sedition law — "disaffection", "contempt", and "hatred" - and the interpretation placed upon it by the Supreme Court - incitement to imminent lawless action. An ordinary person who simply looks at the text of the law is unlikely to divine that what it actually requires is incitement to public disorder. It is this gap that has allowed the law of sedition to be used as a political tool. As Justice Gupta also pointed out in his lecture, sedition is a cognizable offence, which means that the police can arrest an accused without the need for a judicial warrant. This allows for the deprivation of personal liberty with great ease; so while there are very few convictions for sedition, the provision's broad wording facilitates - to use an old cliche - "the process being the punishment".Keeping this in mind, and the fact that we already have laws to penalise and punish people who call for and incite violence, Justice Gupta's call to relook at, and review, the sedition law must be heeded. The real bite of the sedition law is in its broad wording. Terms like "disaffection" and "contempt" can be stretched to mean just about anything, enabling, for instance, prosecuting 7,0007,000 farmers for protesting against a nuclear power plant (as happened a few years ago). But it is this precise broad wording - with its colonial rationale of insulating the government from the citizen - that is contrary to the Constitution, and the precise reason why the SC has given it a narrow (and almost unrecognisabl e) meaning. As events have shown, however, the gap between the law and its judicial interpretation has become so wide that there can be no interpretive bridge that will adequately protect liberty; this being the case, the Supreme Court will, hopefully, reconsider its 19621962 decision, and strike down the law of sedition as being unconstitutional. This will be the greatest tribute to Gandhi.Q. What is the origin of the Law of Sedition?

Directions: Read the following passage and answer the question.During the course of a lecture, Supreme Court (SC) judge Justice Deepak Gupta, remarked that the time had come to reconsider the law of sedition. Highlighting a number of recent examples, he observed that the law of sedition "is more often abused and misused", and that "freedom of expression being a constitutional right must get primacy over the laws of sedition".Justice Gupta's observations are a significant intervention in the ongoing debate about the utility of the sedition law in India of 20192019. As Justice Gupta correctly noted in his lecture, sedition is - of course - of colonial origin. The British regime enacted it in order to suppress political and cultural dissent, and many of the most famous figures of the freedom struggle - including Gandhi - were sent to jail on charges of sedition. The very text of the sedition law reflects its colonial provenance. In prohibiting "disaffection", "contempt" or "hatred" against the government, it effectively requires citizens to love their rulers - or, at least, to not make their dislike publicly known. It was for this reason that there was a fierce debate about sedition in the Constituent Assembly. Attempts to include it as a specific restriction upon the freedom of speech were defeated, and Jawaharlal Nehru himself went on to promise that the government would soon get rid of it. However, the government didn't, and in 19621962, the SC upheld the constitutional validity of sedition. The court held that penalising sedition was a reasonable restriction upon the freedom of speech - however, only if the words of the provision themselves were given a narrow meaning. In other words, it wasn't enough to just spread "disaffection" against the government, but to do so in a manner that incited violence or public disorder. In the five-and-a-half decades since that judgment, the SC has refined the test further, noting that the link between speech and public disorder must be like that of a "spark in a powder keg", and that it must constitute an incitement to "imminent" lawless action.The problem, however, is that there remains a massive gap between the words of the sedition law — "disaffection", "contempt", and "hatred" - and the interpretation placed upon it by the Supreme Court - incitement to imminent lawless action. An ordinary person who simply looks at the text of the law is unlikely to divine that what it actually requires is incitement to public disorder. It is this gap that has allowed the law of sedition to be used as a political tool. As Justice Gupta also pointed out in his lecture, sedition is a cognizable offence, which means that the police can arrest an accused without the need for a judicial warrant. This allows for the deprivation of personal liberty with great ease; so while there are very few convictions for sedition, the provision's broad wording facilitates - to use an old cliche - "the process being the punishment".Keeping this in mind, and the fact that we already have laws to penalise and punish people who call for and incite violence, Justice Gupta's call to relook at, and review, the sedition law must be heeded. The real bite of the sedition law is in its broad wording. Terms like "disaffection" and "contempt" can be stretched to mean just about anything, enabling, for instance, prosecuting 7,0007,000 farmers for protesting against a nuclear power plant (as happened a few years ago). But it is this precise broad wording - with its colonial rationale of insulating the government from the citizen - that is contrary to the Constitution, and the precise reason why the SC has given it a narrow (and almost unrecognisabl e) meaning. As events have shown, however, the gap between the law and its judicial interpretation has become so wide that there can be no interpretive bridge that will adequately protect liberty; this being the case, the Supreme Court will, hopefully, reconsider its 19621962 decision, and strike down the law of sedition as being unconstitutional. This will be the greatest tribute to Gandhi.Q. What is a cognizable offence?

Directions: Read the following passage and answer the question.During the course of a lecture, Supreme Court (SC) judge Justice Deepak Gupta, remarked that the time had come to reconsider the law of sedition. Highlighting a number of recent examples, he observed that the law of sedition "is more often abused and misused", and that "freedom of expression being a constitutional right must get primacy over the laws of sedition".Justice Gupta's observations are a significant intervention in the ongoing debate about the utility of the sedition law in India of 20192019. As Justice Gupta correctly noted in his lecture, sedition is - of course - of colonial origin. The British regime enacted it in order to suppress political and cultural dissent, and many of the most famous figures of the freedom struggle - including Gandhi - were sent to jail on charges of sedition. The very text of the sedition law reflects its colonial provenance. In prohibiting "disaffection", "contempt" or "hatred" against the government, it effectively requires citizens to love their rulers - or, at least, to not make their dislike publicly known. It was for this reason that there was a fierce debate about sedition in the Constituent Assembly. Attempts to include it as a specific restriction upon the freedom of speech were defeated, and Jawaharlal Nehru himself went on to promise that the government would soon get rid of it. However, the government didn't, and in 19621962, the SC upheld the constitutional validity of sedition. The court held that penalising sedition was a reasonable restriction upon the freedom of speech - however, only if the words of the provision themselves were given a narrow meaning. In other words, it wasn't enough to just spread "disaffection" against the government, but to do so in a manner that incited violence or public disorder. In the five-and-a-half decades since that judgment, the SC has refined the test further, noting that the link between speech and public disorder must be like that of a "spark in a powder keg", and that it must constitute an incitement to "imminent" lawless action.The problem, however, is that there remains a massive gap between the words of the sedition law — "disaffection", "contempt", and "hatred" - and the interpretation placed upon it by the Supreme Court - incitement to imminent lawless action. An ordinary person who simply looks at the text of the law is unlikely to divine that what it actually requires is incitement to public disorder. It is this gap that has allowed the law of sedition to be used as a political tool. As Justice Gupta also pointed out in his lecture, sedition is a cognizable offence, which means that the police can arrest an accused without the need for a judicial warrant. This allows for the deprivation of personal liberty with great ease; so while there are very few convictions for sedition, the provision's broad wording facilitates - to use an old cliche - "the process being the punishment".Keeping this in mind, and the fact that we already have laws to penalise and punish people who call for and incite violence, Justice Gupta's call to relook at, and review, the sedition law must be heeded. The real bite of the sedition law is in its broad wording. Terms like "disaffection" and "contempt" can be stretched to mean just about anything, enabling, for instance, prosecuting 7,0007,000 farmers for protesting against a nuclear power plant (as happened a few years ago). But it is this precise broad wording - with its colonial rationale of insulating the government from the citizen - that is contrary to the Constitution, and the precise reason why the SC has given it a narrow (and almost unrecognisabl e) meaning. As events have shown, however, the gap between the law and its judicial interpretation has become so wide that there can be no interpretive bridge that will adequately protect liberty; this being the case, the Supreme Court will, hopefully, reconsider its 19621962 decision, and strike down the law of sedition as being unconstitutional. This will be the greatest tribute to Gandhi.Q. What do you understand by the phrase 'spark in a powder keg'?

Directions: Read the following passage and answer the question.During the course of a lecture, Supreme Court (SC) judge Justice Deepak Gupta, remarked that the time had come to reconsider the law of sedition. Highlighting a number of recent examples, he observed that the law of sedition "is more often abused and misused", and that "freedom of expression being a constitutional right must get primacy over the laws of sedition".Justice Gupta's observations are a significant intervention in the ongoing debate about the utility of the sedition law in India of 20192019. As Justice Gupta correctly noted in his lecture, sedition is - of course - of colonial origin. The British regime enacted it in order to suppress political and cultural dissent, and many of the most famous figures of the freedom struggle - including Gandhi - were sent to jail on charges of sedition. The very text of the sedition law reflects its colonial provenance. In prohibiting "disaffection", "contempt" or "hatred" against the government, it effectively requires citizens to love their rulers - or, at least, to not make their dislike publicly known. It was for this reason that there was a fierce debate about sedition in the Constituent Assembly. Attempts to include it as a specific restriction upon the freedom of speech were defeated, and Jawaharlal Nehru himself went on to promise that the government would soon get rid of it. However, the government didn't, and in 19621962, the SC upheld the constitutional validity of sedition. The court held that penalising sedition was a reasonable restriction upon the freedom of speech - however, only if the words of the provision themselves were given a narrow meaning. In other words, it wasn't enough to just spread "disaffection" against the government, but to do so in a manner that incited violence or public disorder. In the five-and-a-half decades since that judgment, the SC has refined the test further, noting that the link between speech and public disorder must be like that of a "spark in a powder keg", and that it must constitute an incitement to "imminent" lawless action.The problem, however, is that there remains a massive gap between the words of the sedition law — "disaffection", "contempt", and "hatred" - and the interpretation placed upon it by the Supreme Court - incitement to imminent lawless action. An ordinary person who simply looks at the text of the law is unlikely to divine that what it actually requires is incitement to public disorder. It is this gap that has allowed the law of sedition to be used as a political tool. As Justice Gupta also pointed out in his lecture, sedition is a cognizable offence, which means that the police can arrest an accused without the need for a judicial warrant. This allows for the deprivation of personal liberty with great ease; so while there are very few convictions for sedition, the provision's broad wording facilitates - to use an old cliche - "the process being the punishment".Keeping this in mind, and the fact that we already have laws to penalise and punish people who call for and incite violence, Justice Gupta's call to relook at, and review, the sedition law must be heeded. The real bite of the sedition law is in its broad wording. Terms like "disaffection" and "contempt" can be stretched to mean just about anything, enabling, for instance, prosecuting 7,0007,000 farmers for protesting against a nuclear power plant (as happened a few years ago). But it is this precise broad wording - with its colonial rationale of insulating the government from the citizen - that is contrary to the Constitution, and the precise reason why the SC has given it a narrow (and almost unrecognisabl e) meaning. As events have shown, however, the gap between the law and its judicial interpretation has become so wide that there can be no interpretive bridge that will adequately protect liberty; this being the case, the Supreme Court will, hopefully, reconsider its 19621962 decision, and strike down the law of sedition as being unconstitutional. This will be the greatest tribute to Gandhi.Q. What does the author is not trying to conclude in the above passage?

In 2015, the Supreme Court struck down Section 66A of the Information Technology (IT) Act, 2000, as unconstitutional. That decision, Shreya Singhal v. Union of India, was heaped with praise by domestic and foreign media alike. But none of this stopped the police in Muzaffarnagar, Uttar Pradesh, from arresting and detaining 18-year-old Tyagi in October 2017, for allegedly committing a crime under Section 66A - for posting some comments on Facebook. Mr. Tyagi's case is not alone.Media outlets have reported other instances where Section 66A has been invoked by the police, all of which points to an obvious, and serious, concern: what is the point of that landmark decision if the police still jail persons under unconstitutional laws?From police stations, to trial courts, and all the way up to the High Courts, we found Section 66A was still in vogue throughout the legal system. Equally disturbing was the discovery that this issue of applying unconstitutional penal laws long preceded Shreya Singhal and Section 66A. Before the recent decisions that held provisions in the Indian Penal Code as unconstitutional (in whole or in part), the Supreme Court had famously done this, in 1983, by striking down Section 303 of the Indian Penal Code in Mithu v. State of Punjab.In 2012, years after Section 303 had been struck down, the Rajasthan High Court intervened to save a person from being hanged for being convicted under that offence.We argue that a primary reason for poor enforcement of judicial declarations of unconstitutionality is signal failures between different branches of government. Commonly, in this context one thinks of active non-compliance that can undermine the work of courts - for instance, the aftermath of the Sabarimala verdict. But these publicised acts of defiance have hidden what is a systemic problem within the Indian legal system: there exists no official method for sharing information about such decisions, even those of constitutional import such as Shreya Singhal. We found that there is no formal system on information sharing in the hierarchical set-up of the Indian judiciary.Thus, enforcing unconstitutional laws is sheer wastage of public money. But more importantly, until this basic flaw within is addressed, certain persons will remain exposed to denial of their right to life and personal liberty in the worst possible way imaginable. They will suffer the indignity of lawless arrest and detention, for no reason other than their poverty and ignorance, and inability to demand their rights.Q. It is commonly observed that even after a law is declared unconstitutional, law remains a part of statute repository published on India Code. Based on the author's reasoning, which of the following would be most correct

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Directions: Read the following passage and answer the question.During the course of a lecture, Supreme Court (SC) judge Justice Deepak Gupta, remarked that the time had come to reconsider the law of sedition. Highlighting a number of recent examples, he observed that the law of sedition "is more often abused and misused", and that "freedom of expression being a constitutional right must get primacy over the laws of sedition".Justice Gupta's observations are a significant intervention in the ongoing debate about the utility of the sedition law in India of 20192019. As Justice Gupta correctly noted in his lecture, sedition is - of course - of colonial origin. The British regime enacted it in order to suppress political and cultural dissent, and many of the most famous figures of the freedom struggle - including Gandhi - were sent to jail on charges of sedition. The very text of the sedition law reflects its colonial provenance. In prohibiting "disaffection", "contempt" or "hatred" against the government, it effectively requires citizens to love their rulers - or, at least, to not make their dislike publicly known. It was for this reason that there was a fierce debate about sedition in the Constituent Assembly. Attempts to include it as a specific restriction upon the freedom of speech were defeated, and Jawaharlal Nehru himself went on to promise that the government would soon get rid of it. However, the government didn't, and in 19621962, the SC upheld the constitutional validity of sedition. The court held that penalising sedition was a reasonable restriction upon the freedom of speech - however, only if the words of the provision themselves were given a narrow meaning. In other words, it wasn't enough to just spread "disaffection" against the government, but to do so in a manner that incited violence or public disorder. In the five-and-a-half decades since that judgment, the SC has refined the test further, noting that the link between speech and public disorder must be like that of a "spark in a powder keg", and that it must constitute an incitement to "imminent" lawless action.The problem, however, is that there remains a massive gap between the words of the sedition law — "disaffection", "contempt", and "hatred" - and the interpretation placed upon it by the Supreme Court - incitement to imminent lawless action. An ordinary person who simply looks at the text of the law is unlikely to divine that what it actually requires is incitement to public disorder. It is this gap that has allowed the law of sedition to be used as a political tool. As Justice Gupta also pointed out in his lecture, sedition is a cognizable offence, which means that the police can arrest an accused without the need for a judicial warrant. This allows for the deprivation of personal liberty with great ease; so while there are very few convictions for sedition, the provision's broad wording facilitates - to use an old cliche - "the process being the punishment".Keeping this in mind, and the fact that we already have laws to penalise and punish people who call for and incite violence, Justice Gupta's call to relook at, and review, the sedition law must be heeded. The real bite of the sedition law is in its broad wording. Terms like "disaffection" and "contempt" can be stretched to mean just about anything, enabling, for instance, prosecuting 7,0007,000 farmers for protesting against a nuclear power plant (as happened a few years ago). But it is this precise broad wording - with its colonial rationale of insulating the government from the citizen - that is contrary to the Constitution, and the precise reason why the SC has given it a narrow (and almost unrecognisable) meaning. As events have shown, however, the gap between the law and its judicial interpretation has become so wide that there can be no interpretive bridge that will adequately protect liberty; this being the case, the Supreme Court will, hopefully, reconsider its 19621962 decision, and strike down the law of sedition as being unconstitutional. This will be the greatest tribute to Gandhi.Q. Which gap has allowed the law of sedition to be used as a political tool?a)Gap between the colonial government and Indian leadersb)Gap between sedition law and freedom of speech.c)Gap between words "“disaffection", "contempt", and "hatred" and the interpretation by the Supreme Courtd)Gap of thoughts and opinionsCorrect answer is option 'C'. Can you explain this answer?
Question Description
Directions: Read the following passage and answer the question.During the course of a lecture, Supreme Court (SC) judge Justice Deepak Gupta, remarked that the time had come to reconsider the law of sedition. Highlighting a number of recent examples, he observed that the law of sedition "is more often abused and misused", and that "freedom of expression being a constitutional right must get primacy over the laws of sedition".Justice Gupta's observations are a significant intervention in the ongoing debate about the utility of the sedition law in India of 20192019. As Justice Gupta correctly noted in his lecture, sedition is - of course - of colonial origin. The British regime enacted it in order to suppress political and cultural dissent, and many of the most famous figures of the freedom struggle - including Gandhi - were sent to jail on charges of sedition. The very text of the sedition law reflects its colonial provenance. In prohibiting "disaffection", "contempt" or "hatred" against the government, it effectively requires citizens to love their rulers - or, at least, to not make their dislike publicly known. It was for this reason that there was a fierce debate about sedition in the Constituent Assembly. Attempts to include it as a specific restriction upon the freedom of speech were defeated, and Jawaharlal Nehru himself went on to promise that the government would soon get rid of it. However, the government didn't, and in 19621962, the SC upheld the constitutional validity of sedition. The court held that penalising sedition was a reasonable restriction upon the freedom of speech - however, only if the words of the provision themselves were given a narrow meaning. In other words, it wasn't enough to just spread "disaffection" against the government, but to do so in a manner that incited violence or public disorder. In the five-and-a-half decades since that judgment, the SC has refined the test further, noting that the link between speech and public disorder must be like that of a "spark in a powder keg", and that it must constitute an incitement to "imminent" lawless action.The problem, however, is that there remains a massive gap between the words of the sedition law — "disaffection", "contempt", and "hatred" - and the interpretation placed upon it by the Supreme Court - incitement to imminent lawless action. An ordinary person who simply looks at the text of the law is unlikely to divine that what it actually requires is incitement to public disorder. It is this gap that has allowed the law of sedition to be used as a political tool. As Justice Gupta also pointed out in his lecture, sedition is a cognizable offence, which means that the police can arrest an accused without the need for a judicial warrant. This allows for the deprivation of personal liberty with great ease; so while there are very few convictions for sedition, the provision's broad wording facilitates - to use an old cliche - "the process being the punishment".Keeping this in mind, and the fact that we already have laws to penalise and punish people who call for and incite violence, Justice Gupta's call to relook at, and review, the sedition law must be heeded. The real bite of the sedition law is in its broad wording. Terms like "disaffection" and "contempt" can be stretched to mean just about anything, enabling, for instance, prosecuting 7,0007,000 farmers for protesting against a nuclear power plant (as happened a few years ago). But it is this precise broad wording - with its colonial rationale of insulating the government from the citizen - that is contrary to the Constitution, and the precise reason why the SC has given it a narrow (and almost unrecognisable) meaning. As events have shown, however, the gap between the law and its judicial interpretation has become so wide that there can be no interpretive bridge that will adequately protect liberty; this being the case, the Supreme Court will, hopefully, reconsider its 19621962 decision, and strike down the law of sedition as being unconstitutional. This will be the greatest tribute to Gandhi.Q. Which gap has allowed the law of sedition to be used as a political tool?a)Gap between the colonial government and Indian leadersb)Gap between sedition law and freedom of speech.c)Gap between words "“disaffection", "contempt", and "hatred" and the interpretation by the Supreme Courtd)Gap of thoughts and opinionsCorrect answer is option 'C'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Directions: Read the following passage and answer the question.During the course of a lecture, Supreme Court (SC) judge Justice Deepak Gupta, remarked that the time had come to reconsider the law of sedition. Highlighting a number of recent examples, he observed that the law of sedition "is more often abused and misused", and that "freedom of expression being a constitutional right must get primacy over the laws of sedition".Justice Gupta's observations are a significant intervention in the ongoing debate about the utility of the sedition law in India of 20192019. As Justice Gupta correctly noted in his lecture, sedition is - of course - of colonial origin. The British regime enacted it in order to suppress political and cultural dissent, and many of the most famous figures of the freedom struggle - including Gandhi - were sent to jail on charges of sedition. The very text of the sedition law reflects its colonial provenance. In prohibiting "disaffection", "contempt" or "hatred" against the government, it effectively requires citizens to love their rulers - or, at least, to not make their dislike publicly known. It was for this reason that there was a fierce debate about sedition in the Constituent Assembly. Attempts to include it as a specific restriction upon the freedom of speech were defeated, and Jawaharlal Nehru himself went on to promise that the government would soon get rid of it. However, the government didn't, and in 19621962, the SC upheld the constitutional validity of sedition. The court held that penalising sedition was a reasonable restriction upon the freedom of speech - however, only if the words of the provision themselves were given a narrow meaning. In other words, it wasn't enough to just spread "disaffection" against the government, but to do so in a manner that incited violence or public disorder. In the five-and-a-half decades since that judgment, the SC has refined the test further, noting that the link between speech and public disorder must be like that of a "spark in a powder keg", and that it must constitute an incitement to "imminent" lawless action.The problem, however, is that there remains a massive gap between the words of the sedition law — "disaffection", "contempt", and "hatred" - and the interpretation placed upon it by the Supreme Court - incitement to imminent lawless action. An ordinary person who simply looks at the text of the law is unlikely to divine that what it actually requires is incitement to public disorder. It is this gap that has allowed the law of sedition to be used as a political tool. As Justice Gupta also pointed out in his lecture, sedition is a cognizable offence, which means that the police can arrest an accused without the need for a judicial warrant. This allows for the deprivation of personal liberty with great ease; so while there are very few convictions for sedition, the provision's broad wording facilitates - to use an old cliche - "the process being the punishment".Keeping this in mind, and the fact that we already have laws to penalise and punish people who call for and incite violence, Justice Gupta's call to relook at, and review, the sedition law must be heeded. The real bite of the sedition law is in its broad wording. Terms like "disaffection" and "contempt" can be stretched to mean just about anything, enabling, for instance, prosecuting 7,0007,000 farmers for protesting against a nuclear power plant (as happened a few years ago). But it is this precise broad wording - with its colonial rationale of insulating the government from the citizen - that is contrary to the Constitution, and the precise reason why the SC has given it a narrow (and almost unrecognisable) meaning. As events have shown, however, the gap between the law and its judicial interpretation has become so wide that there can be no interpretive bridge that will adequately protect liberty; this being the case, the Supreme Court will, hopefully, reconsider its 19621962 decision, and strike down the law of sedition as being unconstitutional. This will be the greatest tribute to Gandhi.Q. Which gap has allowed the law of sedition to be used as a political tool?a)Gap between the colonial government and Indian leadersb)Gap between sedition law and freedom of speech.c)Gap between words "“disaffection", "contempt", and "hatred" and the interpretation by the Supreme Courtd)Gap of thoughts and opinionsCorrect answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions: Read the following passage and answer the question.During the course of a lecture, Supreme Court (SC) judge Justice Deepak Gupta, remarked that the time had come to reconsider the law of sedition. Highlighting a number of recent examples, he observed that the law of sedition "is more often abused and misused", and that "freedom of expression being a constitutional right must get primacy over the laws of sedition".Justice Gupta's observations are a significant intervention in the ongoing debate about the utility of the sedition law in India of 20192019. As Justice Gupta correctly noted in his lecture, sedition is - of course - of colonial origin. The British regime enacted it in order to suppress political and cultural dissent, and many of the most famous figures of the freedom struggle - including Gandhi - were sent to jail on charges of sedition. The very text of the sedition law reflects its colonial provenance. In prohibiting "disaffection", "contempt" or "hatred" against the government, it effectively requires citizens to love their rulers - or, at least, to not make their dislike publicly known. It was for this reason that there was a fierce debate about sedition in the Constituent Assembly. Attempts to include it as a specific restriction upon the freedom of speech were defeated, and Jawaharlal Nehru himself went on to promise that the government would soon get rid of it. However, the government didn't, and in 19621962, the SC upheld the constitutional validity of sedition. The court held that penalising sedition was a reasonable restriction upon the freedom of speech - however, only if the words of the provision themselves were given a narrow meaning. In other words, it wasn't enough to just spread "disaffection" against the government, but to do so in a manner that incited violence or public disorder. In the five-and-a-half decades since that judgment, the SC has refined the test further, noting that the link between speech and public disorder must be like that of a "spark in a powder keg", and that it must constitute an incitement to "imminent" lawless action.The problem, however, is that there remains a massive gap between the words of the sedition law — "disaffection", "contempt", and "hatred" - and the interpretation placed upon it by the Supreme Court - incitement to imminent lawless action. An ordinary person who simply looks at the text of the law is unlikely to divine that what it actually requires is incitement to public disorder. It is this gap that has allowed the law of sedition to be used as a political tool. As Justice Gupta also pointed out in his lecture, sedition is a cognizable offence, which means that the police can arrest an accused without the need for a judicial warrant. This allows for the deprivation of personal liberty with great ease; so while there are very few convictions for sedition, the provision's broad wording facilitates - to use an old cliche - "the process being the punishment".Keeping this in mind, and the fact that we already have laws to penalise and punish people who call for and incite violence, Justice Gupta's call to relook at, and review, the sedition law must be heeded. The real bite of the sedition law is in its broad wording. Terms like "disaffection" and "contempt" can be stretched to mean just about anything, enabling, for instance, prosecuting 7,0007,000 farmers for protesting against a nuclear power plant (as happened a few years ago). But it is this precise broad wording - with its colonial rationale of insulating the government from the citizen - that is contrary to the Constitution, and the precise reason why the SC has given it a narrow (and almost unrecognisable) meaning. As events have shown, however, the gap between the law and its judicial interpretation has become so wide that there can be no interpretive bridge that will adequately protect liberty; this being the case, the Supreme Court will, hopefully, reconsider its 19621962 decision, and strike down the law of sedition as being unconstitutional. This will be the greatest tribute to Gandhi.Q. Which gap has allowed the law of sedition to be used as a political tool?a)Gap between the colonial government and Indian leadersb)Gap between sedition law and freedom of speech.c)Gap between words "“disaffection", "contempt", and "hatred" and the interpretation by the Supreme Courtd)Gap of thoughts and opinionsCorrect answer is option 'C'. Can you explain this answer?.
Solutions for Directions: Read the following passage and answer the question.During the course of a lecture, Supreme Court (SC) judge Justice Deepak Gupta, remarked that the time had come to reconsider the law of sedition. Highlighting a number of recent examples, he observed that the law of sedition "is more often abused and misused", and that "freedom of expression being a constitutional right must get primacy over the laws of sedition".Justice Gupta's observations are a significant intervention in the ongoing debate about the utility of the sedition law in India of 20192019. As Justice Gupta correctly noted in his lecture, sedition is - of course - of colonial origin. The British regime enacted it in order to suppress political and cultural dissent, and many of the most famous figures of the freedom struggle - including Gandhi - were sent to jail on charges of sedition. The very text of the sedition law reflects its colonial provenance. In prohibiting "disaffection", "contempt" or "hatred" against the government, it effectively requires citizens to love their rulers - or, at least, to not make their dislike publicly known. It was for this reason that there was a fierce debate about sedition in the Constituent Assembly. Attempts to include it as a specific restriction upon the freedom of speech were defeated, and Jawaharlal Nehru himself went on to promise that the government would soon get rid of it. However, the government didn't, and in 19621962, the SC upheld the constitutional validity of sedition. The court held that penalising sedition was a reasonable restriction upon the freedom of speech - however, only if the words of the provision themselves were given a narrow meaning. In other words, it wasn't enough to just spread "disaffection" against the government, but to do so in a manner that incited violence or public disorder. In the five-and-a-half decades since that judgment, the SC has refined the test further, noting that the link between speech and public disorder must be like that of a "spark in a powder keg", and that it must constitute an incitement to "imminent" lawless action.The problem, however, is that there remains a massive gap between the words of the sedition law — "disaffection", "contempt", and "hatred" - and the interpretation placed upon it by the Supreme Court - incitement to imminent lawless action. An ordinary person who simply looks at the text of the law is unlikely to divine that what it actually requires is incitement to public disorder. It is this gap that has allowed the law of sedition to be used as a political tool. As Justice Gupta also pointed out in his lecture, sedition is a cognizable offence, which means that the police can arrest an accused without the need for a judicial warrant. This allows for the deprivation of personal liberty with great ease; so while there are very few convictions for sedition, the provision's broad wording facilitates - to use an old cliche - "the process being the punishment".Keeping this in mind, and the fact that we already have laws to penalise and punish people who call for and incite violence, Justice Gupta's call to relook at, and review, the sedition law must be heeded. The real bite of the sedition law is in its broad wording. Terms like "disaffection" and "contempt" can be stretched to mean just about anything, enabling, for instance, prosecuting 7,0007,000 farmers for protesting against a nuclear power plant (as happened a few years ago). But it is this precise broad wording - with its colonial rationale of insulating the government from the citizen - that is contrary to the Constitution, and the precise reason why the SC has given it a narrow (and almost unrecognisable) meaning. As events have shown, however, the gap between the law and its judicial interpretation has become so wide that there can be no interpretive bridge that will adequately protect liberty; this being the case, the Supreme Court will, hopefully, reconsider its 19621962 decision, and strike down the law of sedition as being unconstitutional. This will be the greatest tribute to Gandhi.Q. Which gap has allowed the law of sedition to be used as a political tool?a)Gap between the colonial government and Indian leadersb)Gap between sedition law and freedom of speech.c)Gap between words "“disaffection", "contempt", and "hatred" and the interpretation by the Supreme Courtd)Gap of thoughts and opinionsCorrect answer is option 'C'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Directions: Read the following passage and answer the question.During the course of a lecture, Supreme Court (SC) judge Justice Deepak Gupta, remarked that the time had come to reconsider the law of sedition. Highlighting a number of recent examples, he observed that the law of sedition "is more often abused and misused", and that "freedom of expression being a constitutional right must get primacy over the laws of sedition".Justice Gupta's observations are a significant intervention in the ongoing debate about the utility of the sedition law in India of 20192019. As Justice Gupta correctly noted in his lecture, sedition is - of course - of colonial origin. The British regime enacted it in order to suppress political and cultural dissent, and many of the most famous figures of the freedom struggle - including Gandhi - were sent to jail on charges of sedition. The very text of the sedition law reflects its colonial provenance. In prohibiting "disaffection", "contempt" or "hatred" against the government, it effectively requires citizens to love their rulers - or, at least, to not make their dislike publicly known. It was for this reason that there was a fierce debate about sedition in the Constituent Assembly. Attempts to include it as a specific restriction upon the freedom of speech were defeated, and Jawaharlal Nehru himself went on to promise that the government would soon get rid of it. However, the government didn't, and in 19621962, the SC upheld the constitutional validity of sedition. The court held that penalising sedition was a reasonable restriction upon the freedom of speech - however, only if the words of the provision themselves were given a narrow meaning. In other words, it wasn't enough to just spread "disaffection" against the government, but to do so in a manner that incited violence or public disorder. In the five-and-a-half decades since that judgment, the SC has refined the test further, noting that the link between speech and public disorder must be like that of a "spark in a powder keg", and that it must constitute an incitement to "imminent" lawless action.The problem, however, is that there remains a massive gap between the words of the sedition law — "disaffection", "contempt", and "hatred" - and the interpretation placed upon it by the Supreme Court - incitement to imminent lawless action. An ordinary person who simply looks at the text of the law is unlikely to divine that what it actually requires is incitement to public disorder. It is this gap that has allowed the law of sedition to be used as a political tool. As Justice Gupta also pointed out in his lecture, sedition is a cognizable offence, which means that the police can arrest an accused without the need for a judicial warrant. This allows for the deprivation of personal liberty with great ease; so while there are very few convictions for sedition, the provision's broad wording facilitates - to use an old cliche - "the process being the punishment".Keeping this in mind, and the fact that we already have laws to penalise and punish people who call for and incite violence, Justice Gupta's call to relook at, and review, the sedition law must be heeded. The real bite of the sedition law is in its broad wording. Terms like "disaffection" and "contempt" can be stretched to mean just about anything, enabling, for instance, prosecuting 7,0007,000 farmers for protesting against a nuclear power plant (as happened a few years ago). But it is this precise broad wording - with its colonial rationale of insulating the government from the citizen - that is contrary to the Constitution, and the precise reason why the SC has given it a narrow (and almost unrecognisable) meaning. As events have shown, however, the gap between the law and its judicial interpretation has become so wide that there can be no interpretive bridge that will adequately protect liberty; this being the case, the Supreme Court will, hopefully, reconsider its 19621962 decision, and strike down the law of sedition as being unconstitutional. This will be the greatest tribute to Gandhi.Q. Which gap has allowed the law of sedition to be used as a political tool?a)Gap between the colonial government and Indian leadersb)Gap between sedition law and freedom of speech.c)Gap between words "“disaffection", "contempt", and "hatred" and the interpretation by the Supreme Courtd)Gap of thoughts and opinionsCorrect answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions: Read the following passage and answer the question.During the course of a lecture, Supreme Court (SC) judge Justice Deepak Gupta, remarked that the time had come to reconsider the law of sedition. Highlighting a number of recent examples, he observed that the law of sedition "is more often abused and misused", and that "freedom of expression being a constitutional right must get primacy over the laws of sedition".Justice Gupta's observations are a significant intervention in the ongoing debate about the utility of the sedition law in India of 20192019. As Justice Gupta correctly noted in his lecture, sedition is - of course - of colonial origin. The British regime enacted it in order to suppress political and cultural dissent, and many of the most famous figures of the freedom struggle - including Gandhi - were sent to jail on charges of sedition. The very text of the sedition law reflects its colonial provenance. In prohibiting "disaffection", "contempt" or "hatred" against the government, it effectively requires citizens to love their rulers - or, at least, to not make their dislike publicly known. It was for this reason that there was a fierce debate about sedition in the Constituent Assembly. Attempts to include it as a specific restriction upon the freedom of speech were defeated, and Jawaharlal Nehru himself went on to promise that the government would soon get rid of it. However, the government didn't, and in 19621962, the SC upheld the constitutional validity of sedition. The court held that penalising sedition was a reasonable restriction upon the freedom of speech - however, only if the words of the provision themselves were given a narrow meaning. In other words, it wasn't enough to just spread "disaffection" against the government, but to do so in a manner that incited violence or public disorder. In the five-and-a-half decades since that judgment, the SC has refined the test further, noting that the link between speech and public disorder must be like that of a "spark in a powder keg", and that it must constitute an incitement to "imminent" lawless action.The problem, however, is that there remains a massive gap between the words of the sedition law — "disaffection", "contempt", and "hatred" - and the interpretation placed upon it by the Supreme Court - incitement to imminent lawless action. An ordinary person who simply looks at the text of the law is unlikely to divine that what it actually requires is incitement to public disorder. It is this gap that has allowed the law of sedition to be used as a political tool. As Justice Gupta also pointed out in his lecture, sedition is a cognizable offence, which means that the police can arrest an accused without the need for a judicial warrant. This allows for the deprivation of personal liberty with great ease; so while there are very few convictions for sedition, the provision's broad wording facilitates - to use an old cliche - "the process being the punishment".Keeping this in mind, and the fact that we already have laws to penalise and punish people who call for and incite violence, Justice Gupta's call to relook at, and review, the sedition law must be heeded. The real bite of the sedition law is in its broad wording. Terms like "disaffection" and "contempt" can be stretched to mean just about anything, enabling, for instance, prosecuting 7,0007,000 farmers for protesting against a nuclear power plant (as happened a few years ago). But it is this precise broad wording - with its colonial rationale of insulating the government from the citizen - that is contrary to the Constitution, and the precise reason why the SC has given it a narrow (and almost unrecognisable) meaning. As events have shown, however, the gap between the law and its judicial interpretation has become so wide that there can be no interpretive bridge that will adequately protect liberty; this being the case, the Supreme Court will, hopefully, reconsider its 19621962 decision, and strike down the law of sedition as being unconstitutional. This will be the greatest tribute to Gandhi.Q. Which gap has allowed the law of sedition to be used as a political tool?a)Gap between the colonial government and Indian leadersb)Gap between sedition law and freedom of speech.c)Gap between words "“disaffection", "contempt", and "hatred" and the interpretation by the Supreme Courtd)Gap of thoughts and opinionsCorrect answer is option 'C'. Can you explain this answer?, a detailed solution for Directions: Read the following passage and answer the question.During the course of a lecture, Supreme Court (SC) judge Justice Deepak Gupta, remarked that the time had come to reconsider the law of sedition. Highlighting a number of recent examples, he observed that the law of sedition "is more often abused and misused", and that "freedom of expression being a constitutional right must get primacy over the laws of sedition".Justice Gupta's observations are a significant intervention in the ongoing debate about the utility of the sedition law in India of 20192019. As Justice Gupta correctly noted in his lecture, sedition is - of course - of colonial origin. The British regime enacted it in order to suppress political and cultural dissent, and many of the most famous figures of the freedom struggle - including Gandhi - were sent to jail on charges of sedition. The very text of the sedition law reflects its colonial provenance. In prohibiting "disaffection", "contempt" or "hatred" against the government, it effectively requires citizens to love their rulers - or, at least, to not make their dislike publicly known. It was for this reason that there was a fierce debate about sedition in the Constituent Assembly. Attempts to include it as a specific restriction upon the freedom of speech were defeated, and Jawaharlal Nehru himself went on to promise that the government would soon get rid of it. However, the government didn't, and in 19621962, the SC upheld the constitutional validity of sedition. The court held that penalising sedition was a reasonable restriction upon the freedom of speech - however, only if the words of the provision themselves were given a narrow meaning. In other words, it wasn't enough to just spread "disaffection" against the government, but to do so in a manner that incited violence or public disorder. In the five-and-a-half decades since that judgment, the SC has refined the test further, noting that the link between speech and public disorder must be like that of a "spark in a powder keg", and that it must constitute an incitement to "imminent" lawless action.The problem, however, is that there remains a massive gap between the words of the sedition law — "disaffection", "contempt", and "hatred" - and the interpretation placed upon it by the Supreme Court - incitement to imminent lawless action. An ordinary person who simply looks at the text of the law is unlikely to divine that what it actually requires is incitement to public disorder. It is this gap that has allowed the law of sedition to be used as a political tool. As Justice Gupta also pointed out in his lecture, sedition is a cognizable offence, which means that the police can arrest an accused without the need for a judicial warrant. This allows for the deprivation of personal liberty with great ease; so while there are very few convictions for sedition, the provision's broad wording facilitates - to use an old cliche - "the process being the punishment".Keeping this in mind, and the fact that we already have laws to penalise and punish people who call for and incite violence, Justice Gupta's call to relook at, and review, the sedition law must be heeded. The real bite of the sedition law is in its broad wording. Terms like "disaffection" and "contempt" can be stretched to mean just about anything, enabling, for instance, prosecuting 7,0007,000 farmers for protesting against a nuclear power plant (as happened a few years ago). But it is this precise broad wording - with its colonial rationale of insulating the government from the citizen - that is contrary to the Constitution, and the precise reason why the SC has given it a narrow (and almost unrecognisable) meaning. As events have shown, however, the gap between the law and its judicial interpretation has become so wide that there can be no interpretive bridge that will adequately protect liberty; this being the case, the Supreme Court will, hopefully, reconsider its 19621962 decision, and strike down the law of sedition as being unconstitutional. This will be the greatest tribute to Gandhi.Q. Which gap has allowed the law of sedition to be used as a political tool?a)Gap between the colonial government and Indian leadersb)Gap between sedition law and freedom of speech.c)Gap between words "“disaffection", "contempt", and "hatred" and the interpretation by the Supreme Courtd)Gap of thoughts and opinionsCorrect answer is option 'C'. Can you explain this answer? has been provided alongside types of Directions: Read the following passage and answer the question.During the course of a lecture, Supreme Court (SC) judge Justice Deepak Gupta, remarked that the time had come to reconsider the law of sedition. Highlighting a number of recent examples, he observed that the law of sedition "is more often abused and misused", and that "freedom of expression being a constitutional right must get primacy over the laws of sedition".Justice Gupta's observations are a significant intervention in the ongoing debate about the utility of the sedition law in India of 20192019. As Justice Gupta correctly noted in his lecture, sedition is - of course - of colonial origin. The British regime enacted it in order to suppress political and cultural dissent, and many of the most famous figures of the freedom struggle - including Gandhi - were sent to jail on charges of sedition. The very text of the sedition law reflects its colonial provenance. In prohibiting "disaffection", "contempt" or "hatred" against the government, it effectively requires citizens to love their rulers - or, at least, to not make their dislike publicly known. It was for this reason that there was a fierce debate about sedition in the Constituent Assembly. Attempts to include it as a specific restriction upon the freedom of speech were defeated, and Jawaharlal Nehru himself went on to promise that the government would soon get rid of it. However, the government didn't, and in 19621962, the SC upheld the constitutional validity of sedition. The court held that penalising sedition was a reasonable restriction upon the freedom of speech - however, only if the words of the provision themselves were given a narrow meaning. In other words, it wasn't enough to just spread "disaffection" against the government, but to do so in a manner that incited violence or public disorder. In the five-and-a-half decades since that judgment, the SC has refined the test further, noting that the link between speech and public disorder must be like that of a "spark in a powder keg", and that it must constitute an incitement to "imminent" lawless action.The problem, however, is that there remains a massive gap between the words of the sedition law — "disaffection", "contempt", and "hatred" - and the interpretation placed upon it by the Supreme Court - incitement to imminent lawless action. An ordinary person who simply looks at the text of the law is unlikely to divine that what it actually requires is incitement to public disorder. It is this gap that has allowed the law of sedition to be used as a political tool. As Justice Gupta also pointed out in his lecture, sedition is a cognizable offence, which means that the police can arrest an accused without the need for a judicial warrant. This allows for the deprivation of personal liberty with great ease; so while there are very few convictions for sedition, the provision's broad wording facilitates - to use an old cliche - "the process being the punishment".Keeping this in mind, and the fact that we already have laws to penalise and punish people who call for and incite violence, Justice Gupta's call to relook at, and review, the sedition law must be heeded. The real bite of the sedition law is in its broad wording. Terms like "disaffection" and "contempt" can be stretched to mean just about anything, enabling, for instance, prosecuting 7,0007,000 farmers for protesting against a nuclear power plant (as happened a few years ago). But it is this precise broad wording - with its colonial rationale of insulating the government from the citizen - that is contrary to the Constitution, and the precise reason why the SC has given it a narrow (and almost unrecognisable) meaning. As events have shown, however, the gap between the law and its judicial interpretation has become so wide that there can be no interpretive bridge that will adequately protect liberty; this being the case, the Supreme Court will, hopefully, reconsider its 19621962 decision, and strike down the law of sedition as being unconstitutional. This will be the greatest tribute to Gandhi.Q. Which gap has allowed the law of sedition to be used as a political tool?a)Gap between the colonial government and Indian leadersb)Gap between sedition law and freedom of speech.c)Gap between words "“disaffection", "contempt", and "hatred" and the interpretation by the Supreme Courtd)Gap of thoughts and opinionsCorrect answer is option 'C'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions: Read the following passage and answer the question.During the course of a lecture, Supreme Court (SC) judge Justice Deepak Gupta, remarked that the time had come to reconsider the law of sedition. Highlighting a number of recent examples, he observed that the law of sedition "is more often abused and misused", and that "freedom of expression being a constitutional right must get primacy over the laws of sedition".Justice Gupta's observations are a significant intervention in the ongoing debate about the utility of the sedition law in India of 20192019. As Justice Gupta correctly noted in his lecture, sedition is - of course - of colonial origin. The British regime enacted it in order to suppress political and cultural dissent, and many of the most famous figures of the freedom struggle - including Gandhi - were sent to jail on charges of sedition. The very text of the sedition law reflects its colonial provenance. In prohibiting "disaffection", "contempt" or "hatred" against the government, it effectively requires citizens to love their rulers - or, at least, to not make their dislike publicly known. It was for this reason that there was a fierce debate about sedition in the Constituent Assembly. Attempts to include it as a specific restriction upon the freedom of speech were defeated, and Jawaharlal Nehru himself went on to promise that the government would soon get rid of it. However, the government didn't, and in 19621962, the SC upheld the constitutional validity of sedition. The court held that penalising sedition was a reasonable restriction upon the freedom of speech - however, only if the words of the provision themselves were given a narrow meaning. In other words, it wasn't enough to just spread "disaffection" against the government, but to do so in a manner that incited violence or public disorder. In the five-and-a-half decades since that judgment, the SC has refined the test further, noting that the link between speech and public disorder must be like that of a "spark in a powder keg", and that it must constitute an incitement to "imminent" lawless action.The problem, however, is that there remains a massive gap between the words of the sedition law — "disaffection", "contempt", and "hatred" - and the interpretation placed upon it by the Supreme Court - incitement to imminent lawless action. An ordinary person who simply looks at the text of the law is unlikely to divine that what it actually requires is incitement to public disorder. It is this gap that has allowed the law of sedition to be used as a political tool. As Justice Gupta also pointed out in his lecture, sedition is a cognizable offence, which means that the police can arrest an accused without the need for a judicial warrant. This allows for the deprivation of personal liberty with great ease; so while there are very few convictions for sedition, the provision's broad wording facilitates - to use an old cliche - "the process being the punishment".Keeping this in mind, and the fact that we already have laws to penalise and punish people who call for and incite violence, Justice Gupta's call to relook at, and review, the sedition law must be heeded. The real bite of the sedition law is in its broad wording. Terms like "disaffection" and "contempt" can be stretched to mean just about anything, enabling, for instance, prosecuting 7,0007,000 farmers for protesting against a nuclear power plant (as happened a few years ago). But it is this precise broad wording - with its colonial rationale of insulating the government from the citizen - that is contrary to the Constitution, and the precise reason why the SC has given it a narrow (and almost unrecognisable) meaning. As events have shown, however, the gap between the law and its judicial interpretation has become so wide that there can be no interpretive bridge that will adequately protect liberty; this being the case, the Supreme Court will, hopefully, reconsider its 19621962 decision, and strike down the law of sedition as being unconstitutional. This will be the greatest tribute to Gandhi.Q. Which gap has allowed the law of sedition to be used as a political tool?a)Gap between the colonial government and Indian leadersb)Gap between sedition law and freedom of speech.c)Gap between words "“disaffection", "contempt", and "hatred" and the interpretation by the Supreme Courtd)Gap of thoughts and opinionsCorrect answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.
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