TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    NHRC Steps In: Human Rights Commission Issues Notice to Malabar Gold Amid Pakistan Influencer Backlash

    NHRC Steps In: Human Rights Commission Issues Notice to Malabar Gold Amid Pakistan Influencer Backlash

    How a Bangladesh-Based Handler Used Signal to Orchestrate a Major Terror Module Targeting India

    How a Bangladesh-Based Handler Used Signal to Orchestrate a Major Terror Module Targeting India

    Tamil Nadu’s “terror hub” debate: Annamalai’s alarm and the wider law-and-order discourse

    Tamil Nadu’s “terror hub” debate: Annamalai’s alarm and the wider law-and-order discourse

    ‘Leave Iran by All Available Means’: India Issues Fresh Advisory Amid ‘Fears of War’ in Middle East

    ‘Leave Iran by All Available Means’: India Issues Fresh Advisory Amid ‘Fears of War’ in Middle East

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    India to Likely Procure Israeli-Origin ‘Sky Sting’ Long-Range Air-to-Air Missile During PM Modi’s Israel Visit

    India to Likely Procure Israeli-Origin ‘Sky Sting’ Long-Range Air-to-Air Missile During PM Modi’s Israel Visit

    After Mega Rafale Deal, France Sets Eyes on Purchase of India’s Homegrown Lethal Pinaka Rocket System

    After Mega Rafale Deal, France Sets Eyes on Purchase of India’s Homegrown Lethal Pinaka Rocket System

    PM Modi, Brazil President Lula Sign Rare Earths Deal; Chart Beyond $20 Billion Trade Roadmap

    PM Modi, Brazil President Lula Sign Rare Earths Deal; Chart Beyond $20 Billion Trade Roadmap

    India, China, Brazil Tariffs Reduced to 10% as US Supreme Court Strikes Down Trump Tariff; US Pres hits 10% Global Tariff for 150 days

    India, China, Brazil Tariffs Reduced to 10% as US Supreme Court Strikes Down Trump Tariff; US Pres hits 10% Global Tariff for 150 days

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    India to Likely Procure Israeli-Origin ‘Sky Sting’ Long-Range Air-to-Air Missile During PM Modi’s Israel Visit

    India to Likely Procure Israeli-Origin ‘Sky Sting’ Long-Range Air-to-Air Missile During PM Modi’s Israel Visit

    After Mega Rafale Deal, France Sets Eyes on Purchase of India’s Homegrown Lethal Pinaka Rocket System

    After Mega Rafale Deal, France Sets Eyes on Purchase of India’s Homegrown Lethal Pinaka Rocket System

    Tejas flying

    Another Tejas Aircraft Lost in Accident; Fleet Under Fresh Scrutiny, Pilot Safe

    PM Modi, Brazil President Lula Sign Rare Earths Deal; Chart Beyond $20 Billion Trade Roadmap

    PM Modi, Brazil President Lula Sign Rare Earths Deal; Chart Beyond $20 Billion Trade Roadmap

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    India to Likely Procure Israeli-Origin ‘Sky Sting’ Long-Range Air-to-Air Missile During PM Modi’s Israel Visit

    India to Likely Procure Israeli-Origin ‘Sky Sting’ Long-Range Air-to-Air Missile During PM Modi’s Israel Visit

    Most Anticipated New Car Launches in India for 2026

    ‘POJK Sankalp Diwas’: The Parliamentary Resolution of 22 February 1994 and India’s National Responsibility

    PM Modi, Brazil President Lula Sign Rare Earths Deal; Chart Beyond $20 Billion Trade Roadmap

    PM Modi, Brazil President Lula Sign Rare Earths Deal; Chart Beyond $20 Billion Trade Roadmap

    India, China, Brazil Tariffs Reduced to 10% as US Supreme Court Strikes Down Trump Tariff; US Pres hits 10% Global Tariff for 150 days

    India, China, Brazil Tariffs Reduced to 10% as US Supreme Court Strikes Down Trump Tariff; US Pres hits 10% Global Tariff for 150 days

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Most Anticipated New Car Launches in India for 2026

    ‘POJK Sankalp Diwas’: The Parliamentary Resolution of 22 February 1994 and India’s National Responsibility

    India AI Impact Summit Expo Extended By A Day After Overwhelming Response; Doors to Remain Open Until February 21

    India AI Impact Summit Expo Extended By A Day After Overwhelming Response; Doors to Remain Open Until February 21

    When the Boy King Returned to Light: The Discovery of Tutankhamun’s Tomb; How Rumors of the ‘Mummy’s Curse’ Began

    When the Boy King Returned to Light: The Discovery of Tutankhamun’s Tomb; How Rumors of the ‘Mummy’s Curse’ Began

    India’s Education System Enters AI-driven Era with BodhanAI; How Will it Strengthen Teacher Capacity?

    India’s Education System Enters AI-driven Era with BodhanAI; How Will it Strengthen Teacher Capacity?

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    1Win App – A Game Changer in Pakistan’s Mobile Casino Scene

    1Win App – A Game Changer in Pakistan’s Mobile Casino Scene

    Installing the Mostbet App on Your Android in Nepal – Doing it the Secure Way

    Installing the Mostbet App on Your Android in Nepal – Doing it the Secure Way

    Bet365 App Review March 2026 – Real Betting Power in Your Pocket

    Bet365 App Review March 2026 – Real Betting Power in Your Pocket

    Most Anticipated New Car Launches in India for 2026

    Most Anticipated New Car Launches in India for 2026

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    NHRC Steps In: Human Rights Commission Issues Notice to Malabar Gold Amid Pakistan Influencer Backlash

    NHRC Steps In: Human Rights Commission Issues Notice to Malabar Gold Amid Pakistan Influencer Backlash

    How a Bangladesh-Based Handler Used Signal to Orchestrate a Major Terror Module Targeting India

    How a Bangladesh-Based Handler Used Signal to Orchestrate a Major Terror Module Targeting India

    Tamil Nadu’s “terror hub” debate: Annamalai’s alarm and the wider law-and-order discourse

    Tamil Nadu’s “terror hub” debate: Annamalai’s alarm and the wider law-and-order discourse

    ‘Leave Iran by All Available Means’: India Issues Fresh Advisory Amid ‘Fears of War’ in Middle East

    ‘Leave Iran by All Available Means’: India Issues Fresh Advisory Amid ‘Fears of War’ in Middle East

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    India to Likely Procure Israeli-Origin ‘Sky Sting’ Long-Range Air-to-Air Missile During PM Modi’s Israel Visit

    India to Likely Procure Israeli-Origin ‘Sky Sting’ Long-Range Air-to-Air Missile During PM Modi’s Israel Visit

    After Mega Rafale Deal, France Sets Eyes on Purchase of India’s Homegrown Lethal Pinaka Rocket System

    After Mega Rafale Deal, France Sets Eyes on Purchase of India’s Homegrown Lethal Pinaka Rocket System

    PM Modi, Brazil President Lula Sign Rare Earths Deal; Chart Beyond $20 Billion Trade Roadmap

    PM Modi, Brazil President Lula Sign Rare Earths Deal; Chart Beyond $20 Billion Trade Roadmap

    India, China, Brazil Tariffs Reduced to 10% as US Supreme Court Strikes Down Trump Tariff; US Pres hits 10% Global Tariff for 150 days

    India, China, Brazil Tariffs Reduced to 10% as US Supreme Court Strikes Down Trump Tariff; US Pres hits 10% Global Tariff for 150 days

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    India to Likely Procure Israeli-Origin ‘Sky Sting’ Long-Range Air-to-Air Missile During PM Modi’s Israel Visit

    India to Likely Procure Israeli-Origin ‘Sky Sting’ Long-Range Air-to-Air Missile During PM Modi’s Israel Visit

    After Mega Rafale Deal, France Sets Eyes on Purchase of India’s Homegrown Lethal Pinaka Rocket System

    After Mega Rafale Deal, France Sets Eyes on Purchase of India’s Homegrown Lethal Pinaka Rocket System

    Tejas flying

    Another Tejas Aircraft Lost in Accident; Fleet Under Fresh Scrutiny, Pilot Safe

    PM Modi, Brazil President Lula Sign Rare Earths Deal; Chart Beyond $20 Billion Trade Roadmap

    PM Modi, Brazil President Lula Sign Rare Earths Deal; Chart Beyond $20 Billion Trade Roadmap

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    India to Likely Procure Israeli-Origin ‘Sky Sting’ Long-Range Air-to-Air Missile During PM Modi’s Israel Visit

    India to Likely Procure Israeli-Origin ‘Sky Sting’ Long-Range Air-to-Air Missile During PM Modi’s Israel Visit

    Most Anticipated New Car Launches in India for 2026

    ‘POJK Sankalp Diwas’: The Parliamentary Resolution of 22 February 1994 and India’s National Responsibility

    PM Modi, Brazil President Lula Sign Rare Earths Deal; Chart Beyond $20 Billion Trade Roadmap

    PM Modi, Brazil President Lula Sign Rare Earths Deal; Chart Beyond $20 Billion Trade Roadmap

    India, China, Brazil Tariffs Reduced to 10% as US Supreme Court Strikes Down Trump Tariff; US Pres hits 10% Global Tariff for 150 days

    India, China, Brazil Tariffs Reduced to 10% as US Supreme Court Strikes Down Trump Tariff; US Pres hits 10% Global Tariff for 150 days

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Most Anticipated New Car Launches in India for 2026

    ‘POJK Sankalp Diwas’: The Parliamentary Resolution of 22 February 1994 and India’s National Responsibility

    India AI Impact Summit Expo Extended By A Day After Overwhelming Response; Doors to Remain Open Until February 21

    India AI Impact Summit Expo Extended By A Day After Overwhelming Response; Doors to Remain Open Until February 21

    When the Boy King Returned to Light: The Discovery of Tutankhamun’s Tomb; How Rumors of the ‘Mummy’s Curse’ Began

    When the Boy King Returned to Light: The Discovery of Tutankhamun’s Tomb; How Rumors of the ‘Mummy’s Curse’ Began

    India’s Education System Enters AI-driven Era with BodhanAI; How Will it Strengthen Teacher Capacity?

    India’s Education System Enters AI-driven Era with BodhanAI; How Will it Strengthen Teacher Capacity?

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    1Win App – A Game Changer in Pakistan’s Mobile Casino Scene

    1Win App – A Game Changer in Pakistan’s Mobile Casino Scene

    Installing the Mostbet App on Your Android in Nepal – Doing it the Secure Way

    Installing the Mostbet App on Your Android in Nepal – Doing it the Secure Way

    Bet365 App Review March 2026 – Real Betting Power in Your Pocket

    Bet365 App Review March 2026 – Real Betting Power in Your Pocket

    Most Anticipated New Car Launches in India for 2026

    Most Anticipated New Car Launches in India for 2026

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
No Result
View All Result
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
  • Economy
  • Defense
  • Geopolitics
  • Knowledge
  • Law
  • Lounge

Romesh Thappar: The case that defines the flexibility of the Constitution

According to Thapar, the section was void according to Article 13(1) of the Constitution.

Abhishek Kumar Singh by Abhishek Kumar Singh
28 November 2022
in Law
Romesh Thappar: The case that defines the flexibility of the Constitution
Share on FacebookShare on X

The Indian Constitution is often cited as a rare combination of flexibility and rigidity. The Constitution makers took into account fears from the past as well as needs for the future. Initially, it seemed impossible to see how the balance would play out. All it needed was one case to kick off the proceedings.

Government curbs press freedom 

In the late 1940s and early 1950s, an English journal named Cross Roads became famous for its unequivocal criticism of government. Fearing the discontent within itself, the governor of Madras banned the entry and circulation of The Journal in Madras.

RelatedPosts

Fundamental Rights Are India’s Own: A Legacy from Indian Knowledge Tradition

The Constitutional Fiction of “Minority” and Institutionalised Asymmetry

Fundamental Rights through the Lens of Sanatan Darshan: A Constitutional Interpretation from Indian Knowledge Tradition

Load More

To validate the ban, the governor used his powers under Section 9 (1-A) of the Madras Maintenance of Public Order Act, 1949. Under this section, the Governor could ban the circulation of literature that he or she thinks is dangerous to public safety and the maintenance of public order.

When editor Romesh Thappar received the order, he approached the Supreme Court. In his petition, Romesh Thappar argued that it was a direct and unconstitutional attack on his freedom of speech. He also questioned the constitutional validity of Section 9 (1-A) of the act.

According to Romesh Thappar, the section was void according to Article 13(1) of the Constitution. The article establishes the Constitution as the funnel through which the purity of colonial-era laws would be tested.

Also read: 2013, Lily Thomas Vs. Union of India: The case that turned to be a nightmare for corrupt politicians

Government tried to invalidate the petition

In its counter, the government attacked Romesh Thappar for directly approaching the Supreme Court. Madras government relied on Article 226; Section 435 of CrPC; and Section 24 of the Civil Procedure Code. To buttress its point, the government cited the rules of practise established in the Emperor v. Bisheswar Prasad Sinha case and the American cases of Urquhart v. Brown and Hooney v. Kolohan.

Putting an end to these elaborative contentions, the Apex Court ruled that the protection of fundamental rights supersedes anything else. It said that the remedy for an invasion of fundamental rights is itself a fundamental right. Article 32, which provides for citizens to directly approach the SC in such cases, was cited by the Court as vindication of its argument.

Source: Indiankanoon

Government’s intent was doubtful

Then the Court checked the merits of the case. It went into the history and purposes behind the act to check whether it was in accordance with the Constitution or not. The act stood the test of Section 100 of the Government of India Act 1935, read with Entry 1 of List II of the Seventh Schedule to that Act. These provisions empowered the government to curb free speech on the basis of apprehension of harming public order.

But the aforementioned section did not use this phrase and instead used “public safety and public order.” The Madras government argued that the expressions “public safety” and “public order” are used to denote the security of the state. Since the security of the state is a constitutionally valid justification for curbing free speech, the government urged that the ban be justified. 

Also read: Sushil Kumar Sharma vs. Union Of India And Ors: The case that began the start of the end of fake dowry case

The line between public disorder and the security of the state 

However, the court did not agree with it. The Apex Court held that public safety and public order are largely different from the security of the state. Using IPC sections 279 and 289 as examples, the court stated that even trivial acts such as rash driving constitute a threat to public order. On the other hand, “security of state” is a more dangerous and broad term, validated by stringent sections such as 121 and 124A of the IPC. 

Source: Indiankanoon

At the same time, the Apex Court identified that a few acts against public order may be aimed at harming the security of the state. But then again, it refused to give constitutional validity to public orders.

Also read: I R Coelho v. State of Tamil Nadu: Judicial demolition of Nehru’s mandated Legislative Overreach & Contemporary Challenges

Possibly, because putting it in the constitutional framework would result in suppressive governments using it as an excuse to curb dissent. The SC then abridged the government, saying that it is a constitutional obligation on legitimate authorities to differentiate between local acts of public disorder and those threatening the security of the state.

Source: Indiankanoon

The Act in question was found to be violative of freedom of speech, as “public order” was not a criteria for curbing free speech.

Also read: Shraddha Case: The legality of dating apps in India

The judgement ended up coercing the Nehru government to amend the Constitution. In the 1st constitutional amendment, Nehru blurred the line between acts of public disorder and acts harming the security of the state.

In later years, courts had to resort to liberal interpretation to preserve the intent of the original Constitution’s makers. The fight is still going on and will keep going, thanks to the flexibility of our setup.

Support TFI:

Support us to strengthen the ‘Right’ ideology of cultural nationalism by purchasing the best quality garments from TFI-STORE.COM

Also Watch:

https://www.youtube.com/watch?v=c_XT6i0pABg

Tags: Apex CourtArticle 226Article 32ConstitutionEmperor v. Bisheswar Prasad Sinha caseFreedom of PressFreedom of SpeechFundamental RightsIndian ConstitutionNehru GovernmentUrquhart v. Brown and Hooney v. Kolohan
ShareTweetSend
Previous Post

Who is Jayanti Chauhan? Once managed Bisleri, Why She refused to take over the business

Next Post

Jinping is the last bastion of Mao Empire

Related Posts

Israeli Producer Behind Hit Show Tehran Found Dead in Athens; Who was Dana Eden?
Crime

Israeli Producer Behind Hit Show Tehran Found Dead in Athens; Who was Dana Eden?

17 February 2026

  Israeli television producer Dana Eden, known for her work on the award-winning spy thriller Tehran, was found dead...

Fake AI Videos of Rajiv Shukla, Shashi Tharoor, Jaishankar: Pakistan’s Brand of Propaganda Warfare Lies Exposed
Crime

Fake AI Videos of Rajiv Shukla, Shashi Tharoor, Jaishankar: Pakistan’s Brand of Propaganda Warfare Lies Exposed

13 February 2026

In the present times, the battlefield is no longer limited to physical borders, digital warfare has become the new...

Supreme Court Directs Netflix to Rename Ghooskhor Pandit, Says ‘No Release’ Until Film Title Is Changed
Entertainment

Supreme Court Directs Netflix to Rename Ghooskhor Pandit, Says ‘No Release’ Until Film Title Is Changed

13 February 2026

  The Supreme Court on Thursday directed Netflix and filmmaker Neeraj Pandey to change the title of the upcoming...

Load More

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to the Terms of use and Privacy Policy.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Currently Playing

300 Million Euros for SCALP: Strategic Necessity or Costly Dependency on France300

300 Million Euros for SCALP: Strategic Necessity or Costly Dependency on France300

00:04:06

Tejas Mk1A: 19th aircraft coupled but Not Delivered: What Is Holding Back the IAF Induction?

00:07:21

Agni-3 Launch Decoded: Why Test an Active Nuclear Missile That’s Already Deployed?

00:05:05

India’s Swadesi ‘Meteor’: World’s Most Lethal BVR Missile | Gandiv| SFDR | DRDO

00:06:48

Between Rafale and AMCA; Where Does the Su-57 Fit | IAF| HAL | Wings India

00:06:10
Facebook Twitter Instagram Youtube
tfipostTfipost.com
Right Wing | News Analysis | Indian Opinion
  • About us
  • Contact Us
  • Careers
  • Brand Partnerships
  • Terms of use
  • Privacy Policy
  • Sitemap

©2026 TFI Media Private Limited

No Result
View All Result
  • Premium
  • Politics
    • Analysis
    • Opinions
    • Trending
  • Economy
    • Business
    • Finance
  • Defense
    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
TFIPOST हिन्दी
TFIPOST Global

©2026 TFI Media Private Limited