Supreme Court Upholds Parliament's Legislative Prerogative

The Supreme Court affirmed Parliament's authority to enact laws, despite a prior government commitment to review the sedition law. This arose during hearings on Section 152 of the Bharatiya Nyaya Sanhita and its parallels with the colonial-era sedition law.

The Supreme Court reaffirmed the sovereignty of Parliament in crafting laws, emphasizing that legislative bodies are not bound by court undertakings. Chief Justice Surya Kant and Justice Joymalya Bagchi, overseeing sessions on the constitutional legitimacy of Section 152 of the Bharatiya Nyaya Sanhita, discussed its implications on India's sovereignty.

Section 152 is seen by some as a revival of the old sedition clause, Section 124A of the Indian Penal Code, which had been shelved by the Supreme Court pending government reconsideration. A lawyer representing a challenging party noted that the central government had pledged to reevaluate the sedition law, questioning the reintroduction under BNS.

The case also spotlighted Section 173 of the Bharatiya Nagarik Suraksha Sanhita. Critics argue that it contravenes the Lalita Kumari judgment, which mandates registering an FIR for cognizable offences. The bench, however, recognized the need for a preliminary inquiry, scheduling further hearings post-Holi.

(With inputs from agencies.)