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My notes - Art 35A, sedition IPC 124A 14-10-2015

October 14, 2015

 

India - Africa

Wednesday, October 14, 2015

1:18 PM

  • India instituted a summit level meeting in 2008 and India Africa summits till date were held in Delhi, Addis Ababa. Now the Third summit is scheduled in 2015.
  • In this context, India offered a liberal aid to African countries to the tune of $5bn in soft loans, $ .5 in in grants, institution building and training fellowships, duty free market access to benefit many of the under developed countries in Africa.
  • In spite of this, many of the following areas such as private sector participation, leveraging of Indian community are still remaining unexplored. In this context following changes can be suggested.
  1. Bilateralism shall increase between India and developed countries of Africa.
  2. India has to improve the last mile of service delivery to its projects.
  3. It shall educate the people of India’s contributions through proper media campaigns.

 

Art 370

Wednesday, October 14, 2015

12:36 PM

  • Any law of union parliament if need to be extended to J&K, a special presidential order and acceptance of legislature of J&K are necessary.
  • Art 35A of the constitution provides a permanent resident status and prohibits the outsiders from buying land or property, voting, government jobs etc.
  • The presidential order 1954 passed under art 370 empowered the Jammu and Kashmir to define a permanent resident. The Jammu and Kashmir legislature defined it as a person who is living in the state as on May 14, 1954 or living in the state for 10years or more and lawfully acquired the immovable property.
  • Later, various presidential orders extended the constitution of India, union list, power of Supreme Court, election commission, changed the elected sadr-e-riyasat to appointed governor, name of the Prime minister of the state to CM etc.
  • If Art 35A is invalid as it is issued by presidential order, than all other presidential orders also become invalidated. It makes relationship between India and Jammu and Kashmir to revert back to 1954 position. It mean India’s authority shall confine to foreign affairs, defence, and communication.

 

Freedom of speech

Wednesday, October 14, 2015

1:11 PM

  • Section 124 A of IPC defines sedition as incitement of any form of hatred or contempt or disaffection towards the government. It will lead to a minimum of 3 years and a maximum of life imprisonment with or without fine. Here in the interpretation of law, does the communication of hatred or contempt or disaffection itself is sufficient to file the charges of sedition or it shall lead to incitement to violence is under question.
  • Supreme Court of India contrary to pre independence position in kedarnath vs state of Bihar held that a person can be charged with sedition only if there is incitement to violence in his speech or writing or an intention to create order.
  • The major criticism of sedition charges is , it is becoming the instrument of the state to curtail the freedom of speech guaranteed under Art 19(1)(a) of the constitution.

 

 

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