CLAT Exam  >  CLAT Questions  >   Directions: Read the following passage and a... Start Learning for Free
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. What does the author is not trying to conclude in the above passage?
  • a)
    Supreme court should review its 19621962 judgment related to the law of sedition.
  • b)
    Primacy should not be given to the law of sedition over the fundamental right to speech and expression.
  • c)
    Free India shouldn't have taken any reference to any law from the colonial laws.
  • d)
    Law of sedition is now a days used as political tools by the government.
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.
Sedition is 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.
Since it is Prohibiting the liberty of citizens, Hence it shouldn’t have taken any reference.
Therefore, the correct answer is Free India shouldn't have taken any reference to any law from the colonial laws.
Attention CLAT Students!
To make sure you are not studying endlessly, EduRev has designed CLAT study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in CLAT.
Explore Courses for CLAT exam

Similar CLAT Doubts

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. Which gap has allowed the law of sedition to be used as a political tool?

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.Under the broad framework of judicial review under the Constitution, the Supreme Court and High Courts have the power to declare any law unconstitutional, either because it is ultra vires (or, contrary to any provision of the Constitution) or it violates any of the fundamental rights, invalid because it is repugnant to a central law on the same subject or has been enacted without legislative jurisdiction. However, interim orders staying or suspending laws enacted by the legislature are frowned upon by constitutional courts and legal scholars. The general argument is that unless there are compelling reasons such as flagrant lack of constitutional validity, or absence of legislative competence (that is, the legislative body concerned lacks the jurisdiction to enact the law in question), a law ought not to be stayed.Why is it considered unusual for a court to suspend a law or its operation?The main principle is that suspending a law made by the legislature goes against the concept of separation of powers. Courts are expected to defer to the legislature's wisdom at the threshold of a legal challenge to the validity of a law. The validity of a law ought to be considered normally only at the time of final adjudication, and not at the initial stage. The second principle is that there is a presumption that every law enacted by any legislature is constitutional and valid. The onus is on those challenging it to prove that it is not. Therefore, courts are circumspect when hearing petitions seeking suspension of a law pending a detailed adjudication.How did the SC justify its order on farm laws?This court cannot be said to be completely powerless to grant stay of any executive action under a statutory enactment, the Bench observed in its order. This means that it was apparently making a distinction between staying a law and staying its implementation or any action under it. Some may argue, however, that the effect remains the same, as the order operates as a stay on the government invoking its provisions.Q. A person approached the Supreme Court contending that a law passed by the Parliament takes away his fundamental right and prayed that the Court must stay the operation of law at first instance and then he would move forward to prove that law is unconstitutional as it violates fundamental rights of the petitioner. Decide.

Top Courses for CLAT

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. What does the author is not trying to conclude in the above passage?a)Supreme court should review its 19621962 judgment related to the law of sedition.b)Primacy should not be given to the law of sedition over the fundamental right to speech and expression.c)Free India shouldn't have taken any reference to any law from the colonial laws.d)Law of sedition is now a days used as political tools by the government.Correct 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. What does the author is not trying to conclude in the above passage?a)Supreme court should review its 19621962 judgment related to the law of sedition.b)Primacy should not be given to the law of sedition over the fundamental right to speech and expression.c)Free India shouldn't have taken any reference to any law from the colonial laws.d)Law of sedition is now a days used as political tools by the government.Correct 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. What does the author is not trying to conclude in the above passage?a)Supreme court should review its 19621962 judgment related to the law of sedition.b)Primacy should not be given to the law of sedition over the fundamental right to speech and expression.c)Free India shouldn't have taken any reference to any law from the colonial laws.d)Law of sedition is now a days used as political tools by the government.Correct 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. What does the author is not trying to conclude in the above passage?a)Supreme court should review its 19621962 judgment related to the law of sedition.b)Primacy should not be given to the law of sedition over the fundamental right to speech and expression.c)Free India shouldn't have taken any reference to any law from the colonial laws.d)Law of sedition is now a days used as political tools by the government.Correct 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. What does the author is not trying to conclude in the above passage?a)Supreme court should review its 19621962 judgment related to the law of sedition.b)Primacy should not be given to the law of sedition over the fundamental right to speech and expression.c)Free India shouldn't have taken any reference to any law from the colonial laws.d)Law of sedition is now a days used as political tools by the government.Correct 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. What does the author is not trying to conclude in the above passage?a)Supreme court should review its 19621962 judgment related to the law of sedition.b)Primacy should not be given to the law of sedition over the fundamental right to speech and expression.c)Free India shouldn't have taken any reference to any law from the colonial laws.d)Law of sedition is now a days used as political tools by the government.Correct 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. What does the author is not trying to conclude in the above passage?a)Supreme court should review its 19621962 judgment related to the law of sedition.b)Primacy should not be given to the law of sedition over the fundamental right to speech and expression.c)Free India shouldn't have taken any reference to any law from the colonial laws.d)Law of sedition is now a days used as political tools by the government.Correct 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. What does the author is not trying to conclude in the above passage?a)Supreme court should review its 19621962 judgment related to the law of sedition.b)Primacy should not be given to the law of sedition over the fundamental right to speech and expression.c)Free India shouldn't have taken any reference to any law from the colonial laws.d)Law of sedition is now a days used as political tools by the government.Correct 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. What does the author is not trying to conclude in the above passage?a)Supreme court should review its 19621962 judgment related to the law of sedition.b)Primacy should not be given to the law of sedition over the fundamental right to speech and expression.c)Free India shouldn't have taken any reference to any law from the colonial laws.d)Law of sedition is now a days used as political tools by the government.Correct 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. What does the author is not trying to conclude in the above passage?a)Supreme court should review its 19621962 judgment related to the law of sedition.b)Primacy should not be given to the law of sedition over the fundamental right to speech and expression.c)Free India shouldn't have taken any reference to any law from the colonial laws.d)Law of sedition is now a days used as political tools by the government.Correct answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.
Explore Courses for CLAT exam

Top Courses for CLAT

Explore Courses
Signup for Free!
Signup to see your scores go up within 7 days! Learn & Practice with 1000+ FREE Notes, Videos & Tests.
10M+ students study on EduRev