Tag Archives: Nehru

How Sedition crept into the constitution: Siddharth Narrain

Part 2 of a 3 part series by SIDDHARTH NARRAIN. First published on The Hoot

While in their Draft Constitution, the Constitutional Framers included ‘sedition’ and the term ‘public order’ as a basis on which laws could be framed limiting the fundamental right to speech (Article 13), in the final draft of the Constitution though, both ‘public order’ and sedition were eliminated from the exceptions to the right to freedom of speech and expression (Article 19 (2)).Commenting on this omission many years later, Justice Fazl Ali said: 

The framers of the Constitution must have therefore found themselves face to face with the dilemma as to whether the word “sedition” should be used in article 19(2) and if it was to be used in what sense it was to be used. On the one hand, they must have had before their mind the very widely accepted view supported by numerous authorities that sedition was essentially an offence against public tranquillity and was connected in some way or other with public disorder; and, on the other hand, there was the pronouncement of the Judicial Committee that sedition as defined in the Indian Penal Code did not necessarily imply any intention or tendency to incite disorder.

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Phool Walon Ki Sair

Akbar Shah Saani (the second) ruled over a rapidly disintegrating empire between 1806 to 1837. It was during his time that the East India Company dispensed with even the fig leaf of ruling in the name of the Mughal Monarch and removed his name from the Persian texts that appeared on the coins struck by the company in the areas under their control.

Bahadur Shah Zafar who succeeded him was not Akbar Shah Saani’s choice as his successor, Akbar Shah was, in fact, under great pressure by one of his queens, Mumtaz Begum to declare her son Mirza Jahangir as the successor. Akbar Shah would have probably accepted this demand but Mirza Jahangir had fallen foul of the British and they will have none of this.

The Phool Walon Ki Sair or Sair-e-gul-Faroshan that is celebrated with much fanfare and official patronage had its beginning in a fracas between Mirza Jahangir and Sir Archibald Seton, the then British resident at Delhi. According to contemporary records of the event, Mirza Jahangir was extremely resentful of the manner in which the British threw their weight around the Red Fort and violated all customs and traditions. He was a strong man, moved around with a band of his followers and kept getting into arguments with the Goras. Continue reading Phool Walon Ki Sair