A pamphlet invokes the reader to join a total and violent struggle to bring about a revolution. The author is prosecuted for sedition under Section 124A of IPC. The Penal provision and proceeding there under are challenged by the author as violative of his fundamental right to freedom of speech and expression. Is the challenge legally tenable?

A) Yes, because the provision is violative of Article 19(1) B) Yes, because the provision is invalid as it is an old law of British times which ceased to have any effect after 26-1-1950 C) No, because the provision is valid as it is saved under Article 19 (2). Imposing a reasonable restriction in the interest of public order D) No because the provision is valid as it is a reasonable restriction on freedom of speech and expression in the interest of sovereignty and integrity of India

Answer & Solution

Correct Answer: Option D

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