Opinion Confusion about sedition
K M Munshi moved an amendment for its deletion which was accepted. Hence sedition is not a permissible head of restriction on freedom of expression.
Confusion about sedition
In the draft Constitution,one of the heads for restricting freedom of expression was sedition,which Gandhiji aptly described as the prince of the Indian Penal Code because it was frequently invoked by the British authorities to crush freedom movement and incarcerate freedom fighters. K M Munshi moved an amendment for its deletion which was accepted. Hence sedition is not a permissible head of restriction on freedom of expression. The expression does not occur in the Indian Penal Code except as a marginal note to Section 124A. In the heyday of British colonialism,sedition was construed by the Privy Council to include any statement that was liable to cause disaffection,namely,exciting in others certain inimical feelings towards the government,even though there was no element of incitement to violence or rebellion.
Our Supreme Court in its landmark judgment in Kedar Nath case dissented from the Privy Councils view. It limited the application of the section to acts or expressions which have the tendency to create disorder or incitement to violence and on that premise,upheld the constitutionality of the provision. Hence,raising slogans against the government or mere use of abusive words at a meeting,dubbing the government as corrupt or inefficient and seeking its removal and replacement by a different system of government is not punishable,so long as there is no advocacy of overthrow of government by force or violence. Mere possession of Karl Marxs Das Kapital or similar literature cannot be an offence under the section. Regrettably,law enforcement authorities and even some courts have failed to appreciate the quintessential elements of Section 124A. The need of the hour is education and sensitisation of the law enforcement machinery and also of the judiciary to prevent Section 124A becoming an engine of oppression to stifle dissent.
Appointment to UK Supreme Court
The Appellate Committee of the House of Lords,the highest judicial body in the UK,has been replaced by the UK Supreme Court. The post of the President of the Court becomes vacant upon retirement of the present President Lord Phillips on September 30,2012. Applications are to be made for the post and the applicant would be interviewed by a panel made up of the president of the Supreme Court and Lord Hope of Craighead,a sitting judge,and representatives of the judicial appointments commissions of England and Wales,Scotland and Northern Ireland. This course would appear strange to many in our country. There are three aspirants for the post. Baroness Hale of Richmond,67,the only woman justice of the Supreme Court. The others in the running are Lord Neuberger,64,now Master of the Rolls and head of the civil justice system,and Lord Mance,69,another Supreme Court judge. Recent advertisement for the post of the next president of the Supreme Court inter alia said that the Lord Chancellor and Justice Secretary,Kenneth Clarke,can veto a recommended candidate. This proposal has been assailed as contrary to the earlier recommendations of the Lords Constitution Committee on judicial appointments which ruled out the role of the Lord Chancellor in judicial appointments. A Ministry of Justice spokesmans comment was,the government is committed to upholding the independence of the judiciary and the selection decision will be based solely on merit. Terse and typically British.
Weird forms of gratitude
In the Bards immortal words,Blow,blow,thou winter wind /Thou are not so unkind/As mans ingratitude. However,there are weird modes of expressing gratitude. Starlet Poonam Pandey had promised to go naked for the Indian team but ultimately did not do so,even though the team won the World Cup. Good sense apparently dawned. Nonetheless,actor Gehana Vashisht did a nude photoshoot for the latest Olympic bronze medal winner,Mary Kom. She said it was meant to encourage Indian sportspersons,whose performance has been below average in the Olympics. She exhorts the media to give generous coverage to her pictures and yet hopes her nude poses will not overshadow the cause she is supporting. Goodness gracious. Who is she kidding?
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