Freedom of speech and expression is one of the most important rights in a democracy. In India, it is given by Article 19(1)(a) of the Constitution, but it is not absolute. Article 19(2) allows the State to place reasonable restrictions on it. The old sedition law (Section 124A of the IPC) was one of the most debated limits on free speech. In 2024, the IPC was replaced by the Bharatiya Nyaya Sanhita, which dropped the word "sedition" but added a new offence. This post explains all of this in simple words. It ends with 15 previous year questions.
Key Points (Quick Revision)
- Article 19(1)(a) gives all citizens the freedom of speech and expression.
- Article 19(2) lists eight grounds on which reasonable restrictions can be placed.
- The First Amendment (1951) added "public order", "friendly relations with foreign States", "incitement to an offence" and the word "reasonable".
- Kedar Nath Singh case (1962) upheld sedition but limited it to incitement to violence or public disorder.
- Sedition was put on hold by the Supreme Court in May 2022; the BNS replaced it with Section 152 from 1 July 2024.
1. Article 19 at a glance
Article 19(1) gives six freedoms to citizens only (not to foreigners):
| Clause | Freedom |
|---|---|
| 19(1)(a) | Speech and expression |
| 19(1)(b) | Assemble peaceably and without arms |
| 19(1)(c) | Form associations, unions or co-operative societies |
| 19(1)(d) | Move freely throughout India |
| 19(1)(e) | Reside and settle in any part of India |
| 19(1)(g) | Practise any profession, trade or business |
The right to property, 19(1)(f), was removed by the 44th Amendment (1978). Each freedom has its own restriction clause, from 19(2) to 19(6). During a National Emergency declared on the ground of war or external aggression, Article 19 is suspended automatically under Article 358.
2. What free speech includes
The words "speech and expression" are read widely by the Supreme Court. They include:
- Freedom of the press - not written separately, but part of 19(1)(a) (Romesh Thappar case, 1950).
- Right to know and receive information (Raj Narain case, 1975), which later supported the RTI Act, 2005.
- Right to remain silent - students who stood respectfully but did not sing the national anthem were protected (Bijoe Emmanuel case, 1986).
- Flying the national flag with respect, as a form of expression (Naveen Jindal case, 2004).
- Expression through films, art, advertisements and the internet.
In the Anuradha Bhasin case (2020), the Court held that expression through the internet is protected, and any restriction such as an internet shutdown must be necessary and proportionate.
3. Article 19(2): eight grounds for restriction
The State can make laws placing reasonable restrictions on free speech only in the interest of:
- Sovereignty and integrity of India
- Security of the State
- Friendly relations with foreign States
- Public order
- Decency or morality
- Contempt of court
- Defamation
- Incitement to an offence
In Kaushal Kishor v. State of UP (2023), a Constitution Bench said these grounds are exhaustive. The State cannot add new grounds outside Article 19(2). The courts also decide whether a restriction is reasonable; the word was added to make this check possible.
4. How Article 19(2) changed
| Year | Change | Reason |
|---|---|---|
| 1950 | Original 19(2) had grounds like libel, slander, defamation, contempt of court, decency or morality, and security of the State | - |
| 1951 | First Amendment added public order, friendly relations with foreign States, incitement to an offence, and the word "reasonable" | Court rulings such as Romesh Thappar and Brij Bhushan (1950) had struck down curbs on the press |
| 1963 | 16th Amendment added "sovereignty and integrity of India" | To check demands for secession |
5. The sedition law: Section 124A IPC
- The Indian Penal Code was enacted in 1860. Section 124A (sedition) was added in 1870.
- It punished words or signs that bring or try to bring hatred or contempt, or excite disaffection, towards the government established by law.
- Punishment: up to life imprisonment, or up to three years, with or without fine.
- In the freedom struggle, it was used against Bal Gangadhar Tilak (1897 and 1908) and Mahatma Gandhi (1922).
The Constitution did not include "sedition" as a ground in Article 19(2), even though the word was discussed in the Constituent Assembly. That is why the validity of Section 124A was challenged after independence.
6. Court cases on sedition
| Case | Year | What it said |
|---|---|---|
| Kedar Nath Singh v. State of Bihar | 1962 | Upheld Section 124A, but only for acts with a tendency to incite violence or create public disorder. Strong criticism of the government is not sedition. |
| Balwant Singh v. State of Punjab | 1995 | Raising slogans a few times, with no reaction from the public, was not sedition. |
| Shreya Singhal v. Union of India | 2015 | Struck down Section 66A of the IT Act as vague; drew a line between discussion, advocacy and incitement. Only incitement can be punished. |
| S.G. Vombatkere v. Union of India | 2022 | On 11 May 2022, the Court kept Section 124A in abeyance and asked governments not to register new sedition cases while the law was reviewed. |
The 22nd Law Commission, in its report of June 2023, suggested keeping the sedition law with more safeguards, rather than repealing it.
7. Bharatiya Nyaya Sanhita: Section 152
The Bharatiya Nyaya Sanhita, 2023 (BNS) replaced the IPC from 1 July 2024. It does not use the word "sedition". Instead, Section 152 punishes acts endangering the sovereignty, unity and integrity of India.
| Point | Section 124A IPC (sedition) | Section 152 BNS |
|---|---|---|
| Target | Disaffection towards the government | Acts against the sovereignty, unity and integrity of India |
| Covers | Words, signs, visible representation | Also electronic communication and financial means; secession, armed rebellion, subversive and separatist activities |
| Punishment | Life, or up to 3 years | Life, or up to 7 years, and fine |
Other speech-related offences also moved to the BNS. For example, promoting enmity between groups (old Section 153A) is now Section 196, and defamation (old Section 499) is now Section 356. The Supreme Court upheld criminal defamation in the Subramanian Swamy case (2016). Critics say Section 152 is broad and may be misused, while the government says it protects national unity. The courts will decide its exact limits.
8. Previous year questions
- Which Article of the Constitution gives the freedom of speech and expression? – Article 19(1)(a)
- Freedom of speech under Article 19 is available to whom? – Citizens only
- How many grounds of reasonable restriction are listed in Article 19(2)? – Eight
- Which Amendment added 'public order' to Article 19(2)? – First Amendment, 1951
- Which Amendment added 'sovereignty and integrity of India' to Article 19(2)? – 16th Amendment, 1963
- Freedom of the press in India is part of which Article? – Article 19(1)(a)
- Which Amendment removed the right to property from Article 19? – 44th Amendment, 1978
- Under which Article is Article 19 suspended during a war emergency? – Article 358
- In which year was Section 124A (sedition) added to the IPC? – 1870
- Which case upheld sedition but limited it to incitement to violence? – Kedar Nath Singh v. State of Bihar (1962)
- Which case struck down Section 66A of the IT Act? – Shreya Singhal v. Union of India (2015)
- In which year did the Supreme Court put the sedition law in abeyance? – 2022
- Which section of the BNS deals with acts endangering the sovereignty, unity and integrity of India? – Section 152
- From which date did the Bharatiya Nyaya Sanhita come into force? – 1 July 2024
- Which case held that the grounds in Article 19(2) are exhaustive? – Kaushal Kishor v. State of UP (2023)
9. How to revise this topic
Start with Article 19: six freedoms for citizens, 19(1)(f) removed in 1978, suspension under Article 358.
Next, learn the eight grounds in Article 19(2) and the two amendments: First (1951) and 16th (1963).
Then fix the cases: Romesh Thappar 1950, Kedar Nath 1962, Raj Narain 1975, Bijoe Emmanuel 1986, Shreya Singhal 2015, Anuradha Bhasin 2020, Vombatkere 2022, Kaushal Kishor 2023.
Finally, remember the sedition timeline: IPC 1860, Section 124A added 1870, Law Commission 2023, BNS Section 152 from 1 July 2024.
10. Frequently Asked Questions
Is freedom of speech absolute in India?
No. Article 19(2) allows reasonable restrictions on eight grounds, such as sovereignty and integrity of India, security of the State, public order, decency, contempt of court and defamation.
Is freedom of the press a Fundamental Right?
Yes. It is not written separately, but the Supreme Court has held that it is part of the freedom of speech and expression under Article 19(1)(a).
What was the Kedar Nath Singh judgment?
In 1962, the Supreme Court upheld the sedition law but said it applies only to words or acts that tend to incite violence or disturb public order, not to strong criticism of the government.
Is sedition still a crime in India?
The IPC, including Section 124A, was replaced by the Bharatiya Nyaya Sanhita from 1 July 2024. The BNS does not use the word sedition, but Section 152 punishes acts endangering the sovereignty, unity and integrity of India.
What did the Supreme Court do with the sedition law in 2022?
On 11 May 2022, in the S.G. Vombatkere case, the Supreme Court kept Section 124A in abeyance and asked governments not to register new sedition cases while the law was being reviewed.
For more Polity topics in simple language, see our Fundamental Rights, Right to Privacy and Contempt of Court posts, or browse the Polity section. Preparing for civil services? Start with the UPSC Civil Services guide or join the 100 Hour GS Course.