TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Why Zohran Mamdani Became a Flashpoint in Revanth Reddy’s Blocked US Visit

    Why Zohran Mamdani Became a Flashpoint in Revanth Reddy’s Blocked US Visit

    Allahabad HC Rejects Hijab Plea in School Uniform

    Allahabad HC Rejects Hijab Plea in School Uniform

    UNCERD’s Pahalgam-Linked Rohingya Claims Spark Debate Over Alleged Anti-India Narrative

    UNCERD’s Pahalgam-Linked Rohingya Claims Spark Debate Over Alleged Anti-India Narrative

    FIR Registered Against YouTuber Ajeet Bharti Under SC/ST Act; Bharti Hits Back, Says He Couldn’t Stay Silent on Abuse of His Mother and Sister

    FIR Registered Against YouTuber Ajeet Bharti Under SC/ST Act; Bharti Hits Back, Says He Couldn’t Stay Silent on Abuse of His Mother and Sister

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    India’s Hidden Crisis: 8.7 Crore Youth Neither Studying Nor Working Threaten ‘Viksit Bharat’ Visiontfi

    India’s Hidden Crisis: 8.7 Crore Youth Neither Studying Nor Working Threaten ‘Viksit Bharat’ Visiontfi

    A New Path for BTC Reward Strategies: An Investment Guide to Exploring SHR Miner’s Potential Daily Earnings of Up to $7,700

    A New Path for BTC Reward Strategies: An Investment Guide to Exploring SHR Miner’s Potential Daily Earnings of Up to $7,700

    Lalithaa Jewellery Mart IPO: A Look at India’s Gold and Jewellery Retail Boom

    Lalithaa Jewellery Mart IPO: A Look at India’s Gold and Jewellery Retail Boom

    Horizon IPO and the Growing Buzz Around Upcoming Public Offerings in India

    Horizon IPO and the Growing Buzz Around Upcoming Public Offerings in India

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Panama-flagged cargo ship carrying 24 sinks in Bay of Bengal; Coast Guard launches rescue operation

    Panama-flagged cargo ship carrying 24 sinks in Bay of Bengal; Coast Guard launches rescue operation

    IAF concludes high-tempo multinational exercises Pitch Black and Udara Shakti 2026

    IAF concludes high-tempo multinational exercises Pitch Black and Udara Shakti 2026

    From Service to Yogasana: Armed Forces Bet on Yoga to Give Agniveers a Head Start as Instructors

    From Service to Yogasana: Armed Forces Bet on Yoga to Give Agniveers a Head Start as Instructors

    The Guns Behind the Headlines: Artillery’s Role in Operation Sindoor

    The Guns Behind the Headlines: Artillery’s Role in Operation Sindoor

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Rawalpindi under Army security cover for six months

    Rawalpindi under Army security cover for six months

    Thousands of Pakistani Sailors Work the World’s Most Dangerous Shipping Lane. Who Is Watching Out for Them?

    Thousands of Pakistani Sailors Work the World’s Most Dangerous Shipping Lane. Who Is Watching Out for Them?

    India Removes Security Barricades Outside Pakistan High Commission in Delhi

    India Removes Security Barricades Outside Pakistan High Commission in Delhi

    Indus Waters Row: Pakistan Draws Another ‘Red Line,’ But What Happens When the Rhetoric Runs Dry?

    Indus Waters Row: Pakistan Draws Another ‘Red Line,’ But What Happens When the Rhetoric Runs Dry?

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Allahabad High Court Rejects Student’s Plea to Wear Hijab With School Uniform

    Allahabad High Court Rejects Student’s Plea to Wear Hijab With School Uniform

    Pakistan to award two Mumbai-born Parsi doctors for keeping Jinnah’s illness secret

    Pakistan to award two Mumbai-born Parsi doctors for keeping Jinnah’s illness secret

    Unsung South Indian Freedom Fighters Remembered on 79th Independence Day

    Independence Day: Remembering South India’s Unsung Freedom Warriors

    National Handloom Day 2026: PM Modi Salutes India’s Weavers, Ministry Confers Awards at Rashtrapati Bhavan

    National Handloom Day 2026: PM Modi Salutes India’s Weavers, Ministry Confers Awards at Rashtrapati Bhavan

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    5 AI Agent Courses for Automation Engineers Building Tool-Connected Business Workflows

    5 AI Agent Courses for Automation Engineers Building Tool-Connected Business Workflows

    Family of Three Dies After iPhone EMI Dispute in Maharashtra — A Tragedy Marketing Helped Write

    Family of Three Dies After iPhone EMI Dispute in Maharashtra — A Tragedy Marketing Helped Write

    AI vs Expert Predictions: Which Gets Cricket Right More Often?

    AI vs Expert Predictions: Which Gets Cricket Right More Often?

    The Connection Between Ayurveda, Skin Health, and Daily Wellness

    The Connection Between Ayurveda, Skin Health, and Daily Wellness

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Why Zohran Mamdani Became a Flashpoint in Revanth Reddy’s Blocked US Visit

    Why Zohran Mamdani Became a Flashpoint in Revanth Reddy’s Blocked US Visit

    Allahabad HC Rejects Hijab Plea in School Uniform

    Allahabad HC Rejects Hijab Plea in School Uniform

    UNCERD’s Pahalgam-Linked Rohingya Claims Spark Debate Over Alleged Anti-India Narrative

    UNCERD’s Pahalgam-Linked Rohingya Claims Spark Debate Over Alleged Anti-India Narrative

    FIR Registered Against YouTuber Ajeet Bharti Under SC/ST Act; Bharti Hits Back, Says He Couldn’t Stay Silent on Abuse of His Mother and Sister

    FIR Registered Against YouTuber Ajeet Bharti Under SC/ST Act; Bharti Hits Back, Says He Couldn’t Stay Silent on Abuse of His Mother and Sister

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    India’s Hidden Crisis: 8.7 Crore Youth Neither Studying Nor Working Threaten ‘Viksit Bharat’ Visiontfi

    India’s Hidden Crisis: 8.7 Crore Youth Neither Studying Nor Working Threaten ‘Viksit Bharat’ Visiontfi

    A New Path for BTC Reward Strategies: An Investment Guide to Exploring SHR Miner’s Potential Daily Earnings of Up to $7,700

    A New Path for BTC Reward Strategies: An Investment Guide to Exploring SHR Miner’s Potential Daily Earnings of Up to $7,700

    Lalithaa Jewellery Mart IPO: A Look at India’s Gold and Jewellery Retail Boom

    Lalithaa Jewellery Mart IPO: A Look at India’s Gold and Jewellery Retail Boom

    Horizon IPO and the Growing Buzz Around Upcoming Public Offerings in India

    Horizon IPO and the Growing Buzz Around Upcoming Public Offerings in India

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Panama-flagged cargo ship carrying 24 sinks in Bay of Bengal; Coast Guard launches rescue operation

    Panama-flagged cargo ship carrying 24 sinks in Bay of Bengal; Coast Guard launches rescue operation

    IAF concludes high-tempo multinational exercises Pitch Black and Udara Shakti 2026

    IAF concludes high-tempo multinational exercises Pitch Black and Udara Shakti 2026

    From Service to Yogasana: Armed Forces Bet on Yoga to Give Agniveers a Head Start as Instructors

    From Service to Yogasana: Armed Forces Bet on Yoga to Give Agniveers a Head Start as Instructors

    The Guns Behind the Headlines: Artillery’s Role in Operation Sindoor

    The Guns Behind the Headlines: Artillery’s Role in Operation Sindoor

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Rawalpindi under Army security cover for six months

    Rawalpindi under Army security cover for six months

    Thousands of Pakistani Sailors Work the World’s Most Dangerous Shipping Lane. Who Is Watching Out for Them?

    Thousands of Pakistani Sailors Work the World’s Most Dangerous Shipping Lane. Who Is Watching Out for Them?

    India Removes Security Barricades Outside Pakistan High Commission in Delhi

    India Removes Security Barricades Outside Pakistan High Commission in Delhi

    Indus Waters Row: Pakistan Draws Another ‘Red Line,’ But What Happens When the Rhetoric Runs Dry?

    Indus Waters Row: Pakistan Draws Another ‘Red Line,’ But What Happens When the Rhetoric Runs Dry?

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Allahabad High Court Rejects Student’s Plea to Wear Hijab With School Uniform

    Allahabad High Court Rejects Student’s Plea to Wear Hijab With School Uniform

    Pakistan to award two Mumbai-born Parsi doctors for keeping Jinnah’s illness secret

    Pakistan to award two Mumbai-born Parsi doctors for keeping Jinnah’s illness secret

    Unsung South Indian Freedom Fighters Remembered on 79th Independence Day

    Independence Day: Remembering South India’s Unsung Freedom Warriors

    National Handloom Day 2026: PM Modi Salutes India’s Weavers, Ministry Confers Awards at Rashtrapati Bhavan

    National Handloom Day 2026: PM Modi Salutes India’s Weavers, Ministry Confers Awards at Rashtrapati Bhavan

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    5 AI Agent Courses for Automation Engineers Building Tool-Connected Business Workflows

    5 AI Agent Courses for Automation Engineers Building Tool-Connected Business Workflows

    Family of Three Dies After iPhone EMI Dispute in Maharashtra — A Tragedy Marketing Helped Write

    Family of Three Dies After iPhone EMI Dispute in Maharashtra — A Tragedy Marketing Helped Write

    AI vs Expert Predictions: Which Gets Cricket Right More Often?

    AI vs Expert Predictions: Which Gets Cricket Right More Often?

    The Connection Between Ayurveda, Skin Health, and Daily Wellness

    The Connection Between Ayurveda, Skin Health, and Daily Wellness

    • 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

OP SINDOOR: HOW WOMEN PILOTS BRAHMOSED LASHKAR DEN

OP SINDOOR: HOW WOMEN PILOTS BRAHMOSED LASHKAR DEN

00:03:55

Why India Needs a Bigger Navy | More Ships, More Presence, More Maritime Power

00:05:33

India’s Fighter Force Needs More Than Jets | Here’s Why 150 Trainers Matter ? IAF | HAWK | HAL

00:04:44

RAW Chief’s Dhaka Visit: Is India Rebuilding Security Ties With Bangladesh? Reset or Routine?

00:03:30

Kargil From the Sky: Inside IAF’s Operation Safed Sagar

00:05:36
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