TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Is Lalit Modi Back? Kochi IPL Controversy Returns With Fresh Claims Over Tharoor Pushkar and Political Pressure

    Is Lalit Modi Back? Kochi IPL Controversy Returns With Fresh Claims Over Tharoor Pushkar and Political Pressure

    “Not 1962, Not China”: Pema Khandu Reasserts Tibet Border Claim, Dismisses Beijing’s Arunachal Assertions

    “Not 1962, Not China”: Pema Khandu Reasserts Tibet Border Claim, Dismisses Beijing’s Arunachal Assertions

    Tiananmen Square, Rajiv Gandhi, China, Congress, Doordarshan

    When Rajiv Gandhi told Doordarshan to tone down its coverage on Tiananmen Square Massacre in China

    Who Killed Akanksha ? How Many More Students Will Pay the Price for Education Mafias and Paper-Leak Rackets?

    Who Killed Akanksha ? How Many More Students Will Pay the Price for Education Mafias and Paper-Leak Rackets?

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    India Joins Global Digital Elite, Climbs Into Fifth Spot as AI Revolution and Digital Infrastructure Reshape Economy

    India Joins Global Digital Elite, Climbs Into Fifth Spot as AI Revolution and Digital Infrastructure Reshape Economy

    How gaming merchants choose a payment gateway in India

    How gaming merchants choose a payment gateway in India

    The Informal Economy Pays the Price: Street Traders, Small Shops and the Hidden Cost of Trade Policy

    The Informal Economy Pays the Price: Street Traders, Small Shops and the Hidden Cost of Trade Policy

    Bank Guarantee Process: Ensuring Trust in Tenders, Contracts, and Trade Agreements

    Bank Guarantee Process: Ensuring Trust in Tenders, Contracts, and Trade Agreements

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    “Not 1962, Not China”: Pema Khandu Reasserts Tibet Border Claim, Dismisses Beijing’s Arunachal Assertions

    “Not 1962, Not China”: Pema Khandu Reasserts Tibet Border Claim, Dismisses Beijing’s Arunachal Assertions

    Rudram-2 Passes Crucial Combat Trial, India Moves Closer to Indigenous SEAD Dominance

    Rudram-2 Passes Crucial Combat Trial, India Moves Closer to Indigenous SEAD Dominance

    Rajesh Kumar Singh Reveals Vietnam BrahMos Deal, Indonesia Agreement in Final Stages

    Rajesh Kumar Singh Reveals Vietnam BrahMos Deal, Indonesia Agreement in Final Stages

    Delhi Police Arrest Nine Linked to ISI-Dawood Network; Nuclear Facilities, Airports and Railway Stations Among Targets

    Delhi Police Arrest Nine Linked to ISI-Dawood Network; Nuclear Facilities, Airports and Railway Stations Among Targets

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Why Russia Trusts India: Putin Dismisses Western Pressure on Modi, Backs New Delhi’s Independent Foreign Policy

    Why Russia Trusts India: Putin Dismisses Western Pressure on Modi, Backs New Delhi’s Independent Foreign Policy

    India and Venezuela Signal Energy Recalibration as Rodríguez Visits New Delhi for Crucial Talks

    India and Venezuela Signal Energy Recalibration as Rodríguez Visits New Delhi for Crucial Talks

    Iranian President Pezeshkian Sent Resignation to Supreme Leader, Says IRGC Has Taken Control of State Power

    Iranian President Pezeshkian Sent Resignation to Supreme Leader, Says IRGC Has Taken Control of State Power

    AK-47 Funeral for Pulwama Plotter Exposes Fractures Inside Pakistan’s Terror Networks

    AK-47 Funeral for Pulwama Plotter Exposes Fractures Inside Pakistan’s Terror Networks

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Who Killed Akanksha ? How Many More Students Will Pay the Price for Education Mafias and Paper-Leak Rackets?

    Who Killed Akanksha ? How Many More Students Will Pay the Price for Education Mafias and Paper-Leak Rackets?

    June 3, 1947 Revisited: Nishikant Dubey Blames Nehru-Gandhi Family for Partition and Kashmir Crisis

    June 3, 1947 Revisited: Nishikant Dubey Blames Nehru-Gandhi Family for Partition and Kashmir Crisis

    CBSE OSM Fallout Deepens as 4 Lakh Students Rush for Re-evaluation, Raising Serious Questions on Digital Checking System

    CBSE OSM Fallout Deepens as 4 Lakh Students Rush for Re-evaluation, Raising Serious Questions on Digital Checking System

    Veer Savarkar

    When Nehru Government Imprisoned Veer Savarkar for the Pakistani Prime Minister

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Best Salicylic Acid Face Wash for Oily & Acne-Prone Skin

    Best Salicylic Acid Face Wash for Oily & Acne-Prone Skin

    Supreme Court Verdict Crushes Opposition’s SIR Narrative, Reasserts Election Commission’s Constitutional Authority

    Judicial Expansion at the Apex: Centre Clears Appointment of Five Judges to Supreme Court, Strength Nearing Full Capacity

    How Online Gambling Platforms Are Changing With Games Like Tower Rush

    How Online Gambling Platforms Are Changing With Games Like Tower Rush

    India’s Fastest Man: Gurindervir Singh Breaks the Barrier That Indian Sprinting Was Told Never to Cross

    India’s Fastest Man: Gurindervir Singh Breaks the Barrier That Indian Sprinting Was Told Never to Cross

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Is Lalit Modi Back? Kochi IPL Controversy Returns With Fresh Claims Over Tharoor Pushkar and Political Pressure

    Is Lalit Modi Back? Kochi IPL Controversy Returns With Fresh Claims Over Tharoor Pushkar and Political Pressure

    “Not 1962, Not China”: Pema Khandu Reasserts Tibet Border Claim, Dismisses Beijing’s Arunachal Assertions

    “Not 1962, Not China”: Pema Khandu Reasserts Tibet Border Claim, Dismisses Beijing’s Arunachal Assertions

    Tiananmen Square, Rajiv Gandhi, China, Congress, Doordarshan

    When Rajiv Gandhi told Doordarshan to tone down its coverage on Tiananmen Square Massacre in China

    Who Killed Akanksha ? How Many More Students Will Pay the Price for Education Mafias and Paper-Leak Rackets?

    Who Killed Akanksha ? How Many More Students Will Pay the Price for Education Mafias and Paper-Leak Rackets?

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    India Joins Global Digital Elite, Climbs Into Fifth Spot as AI Revolution and Digital Infrastructure Reshape Economy

    India Joins Global Digital Elite, Climbs Into Fifth Spot as AI Revolution and Digital Infrastructure Reshape Economy

    How gaming merchants choose a payment gateway in India

    How gaming merchants choose a payment gateway in India

    The Informal Economy Pays the Price: Street Traders, Small Shops and the Hidden Cost of Trade Policy

    The Informal Economy Pays the Price: Street Traders, Small Shops and the Hidden Cost of Trade Policy

    Bank Guarantee Process: Ensuring Trust in Tenders, Contracts, and Trade Agreements

    Bank Guarantee Process: Ensuring Trust in Tenders, Contracts, and Trade Agreements

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    “Not 1962, Not China”: Pema Khandu Reasserts Tibet Border Claim, Dismisses Beijing’s Arunachal Assertions

    “Not 1962, Not China”: Pema Khandu Reasserts Tibet Border Claim, Dismisses Beijing’s Arunachal Assertions

    Rudram-2 Passes Crucial Combat Trial, India Moves Closer to Indigenous SEAD Dominance

    Rudram-2 Passes Crucial Combat Trial, India Moves Closer to Indigenous SEAD Dominance

    Rajesh Kumar Singh Reveals Vietnam BrahMos Deal, Indonesia Agreement in Final Stages

    Rajesh Kumar Singh Reveals Vietnam BrahMos Deal, Indonesia Agreement in Final Stages

    Delhi Police Arrest Nine Linked to ISI-Dawood Network; Nuclear Facilities, Airports and Railway Stations Among Targets

    Delhi Police Arrest Nine Linked to ISI-Dawood Network; Nuclear Facilities, Airports and Railway Stations Among Targets

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Why Russia Trusts India: Putin Dismisses Western Pressure on Modi, Backs New Delhi’s Independent Foreign Policy

    Why Russia Trusts India: Putin Dismisses Western Pressure on Modi, Backs New Delhi’s Independent Foreign Policy

    India and Venezuela Signal Energy Recalibration as Rodríguez Visits New Delhi for Crucial Talks

    India and Venezuela Signal Energy Recalibration as Rodríguez Visits New Delhi for Crucial Talks

    Iranian President Pezeshkian Sent Resignation to Supreme Leader, Says IRGC Has Taken Control of State Power

    Iranian President Pezeshkian Sent Resignation to Supreme Leader, Says IRGC Has Taken Control of State Power

    AK-47 Funeral for Pulwama Plotter Exposes Fractures Inside Pakistan’s Terror Networks

    AK-47 Funeral for Pulwama Plotter Exposes Fractures Inside Pakistan’s Terror Networks

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Who Killed Akanksha ? How Many More Students Will Pay the Price for Education Mafias and Paper-Leak Rackets?

    Who Killed Akanksha ? How Many More Students Will Pay the Price for Education Mafias and Paper-Leak Rackets?

    June 3, 1947 Revisited: Nishikant Dubey Blames Nehru-Gandhi Family for Partition and Kashmir Crisis

    June 3, 1947 Revisited: Nishikant Dubey Blames Nehru-Gandhi Family for Partition and Kashmir Crisis

    CBSE OSM Fallout Deepens as 4 Lakh Students Rush for Re-evaluation, Raising Serious Questions on Digital Checking System

    CBSE OSM Fallout Deepens as 4 Lakh Students Rush for Re-evaluation, Raising Serious Questions on Digital Checking System

    Veer Savarkar

    When Nehru Government Imprisoned Veer Savarkar for the Pakistani Prime Minister

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Best Salicylic Acid Face Wash for Oily & Acne-Prone Skin

    Best Salicylic Acid Face Wash for Oily & Acne-Prone Skin

    Supreme Court Verdict Crushes Opposition’s SIR Narrative, Reasserts Election Commission’s Constitutional Authority

    Judicial Expansion at the Apex: Centre Clears Appointment of Five Judges to Supreme Court, Strength Nearing Full Capacity

    How Online Gambling Platforms Are Changing With Games Like Tower Rush

    How Online Gambling Platforms Are Changing With Games Like Tower Rush

    India’s Fastest Man: Gurindervir Singh Breaks the Barrier That Indian Sprinting Was Told Never to Cross

    India’s Fastest Man: Gurindervir Singh Breaks the Barrier That Indian Sprinting Was Told Never to Cross

    • 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

‘Chop a Limb and People Will Obey Law’: Karnataka HC Calls for Stronger Deterrence While Denying Bail in Rape Case
Crime

‘Chop a Limb and People Will Obey Law’: Karnataka HC Calls for Stronger Deterrence While Denying Bail in Rape Case

2 June 2026

The Karnataka High Court has refused to grant bail to a 23-year-old engineering student accused of rape, making unusually...

Supreme Court Verdict Crushes Opposition’s SIR Narrative, Reasserts Election Commission’s Constitutional Authority
Law

Judicial Expansion at the Apex: Centre Clears Appointment of Five Judges to Supreme Court, Strength Nearing Full Capacity

1 June 2026

The Supreme Court of India is set to function with near-full strength after the Central Government cleared the appointment...

Nashik TCS BPO Case: SIT Files Eight Chargesheets, Tightens Legal Grip in Workplace Misconduct Probe
Crime

Nashik TCS BPO Case: SIT Files Eight Chargesheets, Tightens Legal Grip in Workplace Misconduct Probe

29 May 2026

The Nashik city police have escalated their investigation in the TCS-linked BPO case by filing eight chargesheets in eight...

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

AIRCRAFT CARRIERS: INDIA’S MOST POWERFUL TOOL OF MARITIME POWER PROJECTION | INS Vikrant |

AIRCRAFT CARRIERS: INDIA’S MOST POWERFUL TOOL OF MARITIME POWER PROJECTION | INS Vikrant |

00:03:22

Rudram 2 Success: Made in India Missile Ready To Crush Enemy Radars| DRDO’s Big Breakthrough

00:03:46

From Runways to Warships: India’s Firefighting Warrior Built for Bases & Battles| IAF | VayuShakti

00:05:40

Ethanol, EVs and Solar- How India’s Energy Game Is Changing | Modi on LPG & Crude Oil | war| Hormuz

00:05:21

Truth of IRIS Dena: 8 Days That Changed Narrative | War zone Reality, Not an Indian Navy Exercise

00:08:02
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