ROMESH THAPPAR versus THE STATE OF MADRAS

ROMESH THAPPAR versus THE STATE OF MADRAS

Section 9(1-A) of the Madras Maintenance of Public Order Act, 1949, authorises restrictions for the wider purpose of securing public safety or the maintenance of public order, which are outside the narrow scope of 'security of the State' under Article 19(2), and is therefore unconstitutional and void.

Parties
Petitioner: Romesh Thappar; Respondent: The State of Madras
Jurisdiction
India
Judgment Date
26 May 1950
Procedural Posture
Application Under Article 32 of the Constitution for a Writ of Prohibition and Certiorari / Judgment on Merits
Outcome
Petition allowed (by majority); order of the State of Madras quashed.
Legal Topics
Freedom of Speech and Expression, Article 19(1)(a), Article 19(2), Severability, Judicial Remedies for Fundamental Rights
Constitutional Law Freedom of Speech and Expression Article 19(1)(a) Article 19(2) Severability Judicial Remedies for Fundamental Rights

Case Brief

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Parties

Romesh Thappar

Petitioner

The State of Madras

Respondent

Procedural Posture

Application Under Article 32 of the Constitution for a Writ of Prohibition and Certiorari / Judgment on Merits

Legal Issues

  1. 1 Whether Section 9(1-A) of the Madras Maintenance of Public Order Act, 1949, is void for being inconsistent with Article 19(1)(a) of the Constitution.
  2. 2 Whether the law imposing restrictions for securing public safety or maintenance of public order falls within the permitted restrictions under Article 19(2).

Ratio Decidendi

Section 9(1-A) of the Madras Maintenance of Public Order Act, 1949, authorises restrictions for the wider purpose of securing public safety or the maintenance of public order, which are outside the narrow scope of 'security of the State' under Article 19(2), and is therefore unconstitutional and void.

Court Disposition

Petition allowed (by majority); order of the State of Madras quashed.

Orders

  • The order of the respondents prohibiting the entry and circulation of the petitioner's journal in the State of Madras is quashed.