oppn parties Even "Time-Tested" Laws Need To Be Re-Examined As Times Keep Changing

News Snippets

  • Allahabad HC said that the UP Police is acting as law unto themselves as they detained a person unlawfully even before his arrest
  • Kolkata witnesses traffic snarls on the first day of the Durga Puja festival as revellers start pnadal-hopping
  • Neha Bora was subsequently released and Dipke is to appear before a magistrate today at noon
  • Delhi Police detained Cockroach Janta Party founder Abhijeet Dipke, Neha Bora of AISA, student leaders and supporters ahead of a rally in Connaught Place demanding Chief Election Commissioner Gyanesh Kumar's resignation. The protest followed the detention and jailing of two CJP leaders earlier in the week over demonstrations at Jantar Mantar
  • The Reserve Bank of India is considering further monetary tightening to counter capital outflows and increase the cost of betting against the rupee, according to bankers and analysts cited by Reuters. The measures follow recent rate increases and steps to drain liquidity as pressure on the currency and inflation concerns persist
  • India directed oil marketing companies to stop diverting sugar-based feedstocks for ethanol production in the 2026–27 supply year, according to a new tender issued on Friday. The companies have invited bids for 11 billion litres of ethanol made from alternatives including corn and broken rice, amid concerns about domestic sugar supplies and prices
  • Finance Minister Nirmala Sitharaman said India's trade imbalance with China was growing sharply and attributed the problem partly to restrictions on Indian goods and services entering the Chinese market. China subsequently said it was ready to work with India to address mutual economic and trade concerns; India's trade deficit with China reached $69 billion in the first half of FY2026–27, up 27% year-on-year
  • Indian equity benchmarks extended their recovery on Friday, with the Sensex rising 413.66 points to close at 74,729.27 and the Nifty 50 gaining 148.80 points to settle at 23,146.15. Information technology shares, including Tech Mahindra, Infosys and TCS, helped lift the indices
  • India defeated Zimbabwe by four wickets in the opening women's T20 International in Raipur, taking a 1–0 lead in the three-match series. Deepti Sharma and Niki Prasad combined in an 82-run stand after India's top order collapsed, helping the hosts chase down Zimbabwe's total of 114 for five
  • Indian wrestler Komal won bronze in the women's 59 kg category at the Under-23 World Wrestling Championships in Las Vegas, defeating Kazakhstan's Viktoriia Khusainova 7–2. Fellow Indian Amruta Pujari advanced to the women's 72 kg final after recording two pinfall victories
  • Indian shuttler Jagsher Singh Khangurra secured a bronze medal at the BWF World Junior Badminton Championships in Cairo
  • The Supreme Court of India upheld the Bombay High Court's decision quashing the 2020 write-off of ₹8,415 crore in additional tier-1 bonds issued by Yes Bank (Yes Bank). The court ruled that the bank's administrator lacked the authority to extinguish the bonds under the final reconstruction scheme, strengthening bondholders' claims
  • The Supreme Court issued notices to the Election Commission of India, Delhi Police and opposition leaders, including Rahul Gandhi and Akhilesh Yadav, in separate petitions concerning electoral-roll revision and protests held in Delhi on October 10–12. The court also directed the preservation of CCTV footage linked to allegations of police excesses
  • The Supreme Court ruled that a person converting from Hinduism to Islam cannot automatically claim backward-class reservation benefits in the new religious community solely on the basis of their previous caste status. The judgment upheld the Madras High Court's decision striking down a 2024 Tamil Nadu government order that permitted such certification for specified communities
  • The Election Commission of India ordered a Special Summary Revision of electoral rolls in 14 states and three Union Territories, using January 1, 2027, as the qualifying date for voter eligibility. The draft rolls are scheduled for publication on November 12, claims and objections will be accepted until December 11, and the final rolls are due on January 4, 2027
Delhi HC refuses to ban CJP's Tiranga rally at Central Park in Connaught Place today /////// Police says will control and regulate it /////// NDMC closes the park for the public on Friday and Saturday
oppn parties
Even "Time-Tested" Laws Need To Be Re-Examined As Times Keep Changing

By Sunil Garodia
First publised on 2022-05-08 10:12:27

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

The Centre supported Section 124A of the IPC (commonly referred to as the sedition law) in the Supreme Court. In its opinion, there is no need to re-examine the Kedar Nath judgment as "instances of abuse of provision would never be a justification to reconsider a binding judgment". It further said that the court should provide a remedy that stops misuse without "doubting a longstanding settled law declared by a Constitution bench for about 6 decades".

The Centre is wrong on many counts. The need to take a relook at both the constitutional validity of Section 124A and the Kedar Nath judgment has arisen precisely because the Constitutional bench in 1962 had upheld the validity of the section and provided guidelines to prevent its misuse but in these 60 years, the guidelines have failed to have the necessary effect and the misuse of the section has not stopped. It is ironical that a regime that has accelerated and widened the misuse of the section is now saying that the court should provide further guidelines to prevent the misuse. If only successive governments had applied Section 124A in both letter and spirit and had treated the Kedar Nath judgment and the guidelines therein as binding, a situation where citizens have to plead before the Supreme Court to take a relook at the provision would not have arisen in the first place.

Further, society undergoes changes due to evolving cultural norms and introduction of technology, among many other reasons. Laws are also changed periodically to keep them up to date with emerging trends. Six decades is a long time and there is absolutely no harm if the apex court reconsiders the earlier judgment. The need to re-examine a "time-tested" law or judgment arises because times keep changing. There was no social media and mobile phones in 1962. Television had just made an appearance in late 1959 and only government sponsored news was broadcast.  Politics was not so utterly divided and polarized. In these six decades a lot has changed and infinitely more people are getting their voices heard through social media. Also, governments have become thin-skinned and cannot tolerate even constructive criticism, let alone outright dissent. Section 124A is now being so commonly used that it seems it is being used for petty crimes. The time is perfectly ripe for the Supreme Court to take another look whether Section 124A meets the constitutional test since the Kedar Nath judgment, which could not have anticipated the huge advancement in technology, has failed to prevent its growing misuse.