Supreme Court of India Says Parliament Not Bound by Government Affidavit

The Supreme Court on Friday observed that Parliament enjoys complete legislative powers and is not bound by any affidavit filed by the central government in court. This was stated by a bench headed by Chief Justice Surya Kant and Justice Joymalya Bagchi.

The bench is hearing petitions that question the validity of Section 152 of the Indian Penal Code (IPC). This section deals with acts that affect the sovereignty, unity, and integrity of the country. The lawyer of one of the petitioners said that Section 152 reinstates Section 124A (Sedition) of the former Indian Penal Code.

In May 2022, a three-judge bench of the Supreme Court stayed the sedition law until it was reviewed by an appropriate government forum and directed the central and state governments not to file any FIRs for sedition. A lawyer explained on Friday that in 2022, the central government had submitted an affidavit to the Supreme Court stating that it would review the sedition law.

The government cannot reintroduce this provision in the BNS. The bench stated, "The central government may have submitted an affidavit, but Parliament is not bound by it. It has full authority to enact the law." The Supreme Court will hear the case after the Holi holidays.