TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Rajasthan Civic Polls 2026: BJP Extends Its Dominance Across Urban Rajasthan

    Rajasthan Civic Polls 2026: BJP Extends Its Dominance Across Urban Rajasthan

    Why Ladakh’s Statehood Movement Is Shifting Gears

    Why Ladakh’s Statehood Movement Is Shifting Gears

    Bhaskar Report: Bihar Coaching Hub Under Fire Over Alleged Student Brainwashing

    Bhaskar Report: Bihar Coaching Hub Under Fire Over Alleged Student Brainwashing

    UK Break-Up Fears Rise as Nations Seek Self-Determination

    UK Break-Up Fears Rise as Nations Seek Self-Determination

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Money Back Plan for Parents: A Smart Way to Plan for Your Child’s Future

    Money Back Plan for Parents: A Smart Way to Plan for Your Child’s Future

    Need a bank account today? Open one online in minutes

    Need a bank account today? Open one online in minutes

    Do You Still Need Term Insurance If You Have ₹50 Lakh Employer Cover?

    Do You Still Need Term Insurance If You Have ₹50 Lakh Employer Cover?

    What the UAE’s 2026 Corporate Tax Rules Actually Mean for a Free Zone Company

    What the UAE’s 2026 Corporate Tax Rules Actually Mean for a Free Zone Company

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    CNS Adm Krishna Swaminathan Visits New Zealand to Deepen Maritime Ties with RNZN

    CNS Adm Krishna Swaminathan Visits New Zealand to Deepen Maritime Ties with RNZN

    Chinese Troop Levels at LAC Fall as MoD Report Details Operation Sindoor Strikes

    Chinese Troop Levels at LAC Fall as MoD Report Details Operation Sindoor Strikes

    INS Kulish Arrives at Cambodia’s Ream Naval Base Under Eastern Fleet Deployment

    INS Kulish Arrives at Cambodia’s Ream Naval Base Under Eastern Fleet Deployment

    The Missing Layer: How Russia’s Pantsir-S1M Would Plug India’s S-400 Gap

    The Missing Layer: How Russia’s Pantsir-S1M Would Plug India’s S-400 Gap

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    CIA Files Declassified for 9/11 Anniversary Reveal Bin Laden Eyed India as Target Years Before 2001 Attacks

    CIA Files Declassified for 9/11 Anniversary Reveal Bin Laden Eyed India as Target Years Before 2001 Attacks

    World Leaders Head Home as BRICS Summit Wraps Up in Delhi

    World Leaders Head Home as BRICS Summit Wraps Up in Delhi

    Modi Calls for “Concrete Results” as BRICS Wraps Up in Delhi, Hands Chairship to China

    Modi Calls for “Concrete Results” as BRICS Wraps Up in Delhi, Hands Chairship to China

    Between the Sessions: Millets, Mithai and a Malaysian PM Who Loves His Bollywood

    Between the Sessions: Millets, Mithai and a Malaysian PM Who Loves His Bollywood

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    What Skills Will You Gain from a Strategic Leadership Course

    What Skills Will You Gain from a Strategic Leadership Course

    Young Indian Gen Z exploring Sanatan Dharma through smartphones, social media and the Bhagavad Gita

    Ancient Roots, Digital Minds: The Rise of Sanatani Gen Z

    Break into QA Jobs Faster with Automation Testing Course from StarAgile

    Break into QA Jobs Faster with Automation Testing Course from StarAgile

    Which JEE Online Coaching Is Best for JEE Mains 2027?

    Which JEE Online Coaching Is Best for JEE Mains 2027?

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Champions With Principles: India’s Women Show the World How to Win With Dignity

    Champions With Principles: India’s Women Show the World How to Win With Dignity

    How Sports Betting Changed My Understanding of Risk in Indian Politics

    How Sports Betting Changed My Understanding of Risk in Indian Politics

    How Mobile Proxies Engine Global Media Monitoring and International OSINT Pipelines

    How Mobile Proxies Engine Global Media Monitoring and International OSINT Pipelines

    Digital Sovereignty and Telecommunications Privacy: Safeguarding Personal Identifiers in Modern Geopolitics

    Digital Sovereignty and Telecommunications Privacy: Safeguarding Personal Identifiers in Modern Geopolitics

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Rajasthan Civic Polls 2026: BJP Extends Its Dominance Across Urban Rajasthan

    Rajasthan Civic Polls 2026: BJP Extends Its Dominance Across Urban Rajasthan

    Why Ladakh’s Statehood Movement Is Shifting Gears

    Why Ladakh’s Statehood Movement Is Shifting Gears

    Bhaskar Report: Bihar Coaching Hub Under Fire Over Alleged Student Brainwashing

    Bhaskar Report: Bihar Coaching Hub Under Fire Over Alleged Student Brainwashing

    UK Break-Up Fears Rise as Nations Seek Self-Determination

    UK Break-Up Fears Rise as Nations Seek Self-Determination

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Money Back Plan for Parents: A Smart Way to Plan for Your Child’s Future

    Money Back Plan for Parents: A Smart Way to Plan for Your Child’s Future

    Need a bank account today? Open one online in minutes

    Need a bank account today? Open one online in minutes

    Do You Still Need Term Insurance If You Have ₹50 Lakh Employer Cover?

    Do You Still Need Term Insurance If You Have ₹50 Lakh Employer Cover?

    What the UAE’s 2026 Corporate Tax Rules Actually Mean for a Free Zone Company

    What the UAE’s 2026 Corporate Tax Rules Actually Mean for a Free Zone Company

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    CNS Adm Krishna Swaminathan Visits New Zealand to Deepen Maritime Ties with RNZN

    CNS Adm Krishna Swaminathan Visits New Zealand to Deepen Maritime Ties with RNZN

    Chinese Troop Levels at LAC Fall as MoD Report Details Operation Sindoor Strikes

    Chinese Troop Levels at LAC Fall as MoD Report Details Operation Sindoor Strikes

    INS Kulish Arrives at Cambodia’s Ream Naval Base Under Eastern Fleet Deployment

    INS Kulish Arrives at Cambodia’s Ream Naval Base Under Eastern Fleet Deployment

    The Missing Layer: How Russia’s Pantsir-S1M Would Plug India’s S-400 Gap

    The Missing Layer: How Russia’s Pantsir-S1M Would Plug India’s S-400 Gap

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    CIA Files Declassified for 9/11 Anniversary Reveal Bin Laden Eyed India as Target Years Before 2001 Attacks

    CIA Files Declassified for 9/11 Anniversary Reveal Bin Laden Eyed India as Target Years Before 2001 Attacks

    World Leaders Head Home as BRICS Summit Wraps Up in Delhi

    World Leaders Head Home as BRICS Summit Wraps Up in Delhi

    Modi Calls for “Concrete Results” as BRICS Wraps Up in Delhi, Hands Chairship to China

    Modi Calls for “Concrete Results” as BRICS Wraps Up in Delhi, Hands Chairship to China

    Between the Sessions: Millets, Mithai and a Malaysian PM Who Loves His Bollywood

    Between the Sessions: Millets, Mithai and a Malaysian PM Who Loves His Bollywood

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    What Skills Will You Gain from a Strategic Leadership Course

    What Skills Will You Gain from a Strategic Leadership Course

    Young Indian Gen Z exploring Sanatan Dharma through smartphones, social media and the Bhagavad Gita

    Ancient Roots, Digital Minds: The Rise of Sanatani Gen Z

    Break into QA Jobs Faster with Automation Testing Course from StarAgile

    Break into QA Jobs Faster with Automation Testing Course from StarAgile

    Which JEE Online Coaching Is Best for JEE Mains 2027?

    Which JEE Online Coaching Is Best for JEE Mains 2027?

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Champions With Principles: India’s Women Show the World How to Win With Dignity

    Champions With Principles: India’s Women Show the World How to Win With Dignity

    How Sports Betting Changed My Understanding of Risk in Indian Politics

    How Sports Betting Changed My Understanding of Risk in Indian Politics

    How Mobile Proxies Engine Global Media Monitoring and International OSINT Pipelines

    How Mobile Proxies Engine Global Media Monitoring and International OSINT Pipelines

    Digital Sovereignty and Telecommunications Privacy: Safeguarding Personal Identifiers in Modern Geopolitics

    Digital Sovereignty and Telecommunications Privacy: Safeguarding Personal Identifiers in Modern Geopolitics

    • 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

Did America Help Engineer Imran Khan’s Ouster? The Explosive Mystery Behind Pakistan’s Leaked Cypher Cable I-0678

Sukhdev Thapar: The Revolutionary Who Challenged Empire, Negotiation Politics and The Limits Of Freedom

Sardar Patel’s 1947 Blueprint on Minority Quotas Resurfaces as Reservation Debate Returns to Centre Stage

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

The Biggest Mistakes Injured Workers Make After a Workplace Accident
Law

The Biggest Mistakes Injured Workers Make After a Workplace Accident

20 August 2026

A workplace injury can change everything in a matter of seconds. One moment you are focused on your job,...

Reasons a Truck Accident Case May Go to Trial
Law

Reasons a Truck Accident Case May Go to Trial

19 July 2026

A truck accident case may go to trial when the parties cannot agree on liability, the value of the...

What Evidence is Used to Calculate Economic Damages?
Law

What Evidence is Used to Calculate Economic Damages?

1 July 2026

Economic damages are the actual financial losses a person suffers after an injury or wrongful act. They cover things...

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

₹2 Crore Film, ₹143 Crore Hit: The ‘Hanuman Ansh’ Box Office Shock

₹2 Crore Film, ₹143 Crore Hit: The ‘Hanuman Ansh’ Box Office Shock

00:02:46

Who Is Major Rishabh Sambhyal? The Army Officer Who Became a Social Media Sensation

00:03:34

The Missing 54: What Happened to India’s Soldiers After the 1965 & 1971 Wars | POW | Indo-Pak

00:04:43

J-20 vs India: How Super Sukhoi, Rafale & AMCA Could Counter China’s Stealth Fleet | IAF | HAL

00:03:32

QRSAM to Akash NG: India’s Massive Push to Build 2,000 Indigenous Air Defence Missiles | DRDO| IAF

00:04:05
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