TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    ‘Agreed on Economic Cooperation Plan Till 2030,’ Says PM Modi in Joint Statement With Putin

    ‘Agreed on Economic Cooperation Plan Till 2030,’ Says PM Modi in Joint Statement With Putin

    ‘Ready to Continue Uninterrupted Shipments of Fuel to India,’ Says Putin at India-Russia Summit 2025

    ‘Ready to Continue Uninterrupted Shipments of Fuel to India,’ Says Putin at India-Russia Summit 2025

    ‘Should Work Together, Pave Way for Peace’: Says PM Modi in Bilateral Talks with Putin

    ‘Should Work Together, Pave Way for Peace’: Says PM Modi in Bilateral Talks with Putin

    Indira Gandhi’s Alliance with the Communists Redefined Indian History Education

    Indira Gandhi’s Alliance with the Communists Redefined Indian History Education

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    From Paper-Mandates to eNACH Registration: How Digital Mandates Are Changing Cash Flow

    From Paper-Mandates to eNACH Registration: How Digital Mandates Are Changing Cash Flow

    What is the financial management cycle?

    What is the financial management cycle?

    Smart Investment Planning: Calculating Mutual Fund SIP Growth Easily

    Smart Investment Planning: Calculating Mutual Fund SIP Growth Easily

    Convert ETH to USD Using Price Statistics for Better Trading Decisions

    Convert ETH to USD Using Price Statistics for Better Trading Decisions

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Veterans Deserve More Than Promises: The System Must Match the Soldier’s Sacrifice

    Veterans Deserve More Than Promises: The System Must Match the Soldier’s Sacrifice

    How Ukraine Uses Psychological and Information Warfare to ‘Win,’ and What India Can Learn From This Strategy

    How Ukraine ‘Wins’ the Psychological and Informatiaon War Despite Destruction — Lessons India Cannot Afford to Ignore

    Pakistan’s ‘ship-launched ASBM’ claim doesn’t withstand technical or industrial scrutiny

    Pakistan’s ‘ship-launched ASBM’ claim doesn’t withstand technical or industrial scrutinys

    Borders Can Change: Why Rajnath Singh’s Sindh Remark is India’s New Message to Pakistan

    Borders Can Change: Why Rajnath Singh’s Sindh Remark is India’s New Message to Pakistan

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    ‘Ready to Continue Uninterrupted Shipments of Fuel to India,’ Says Putin at India-Russia Summit 2025

    ‘Ready to Continue Uninterrupted Shipments of Fuel to India,’ Says Putin at India-Russia Summit 2025

    ‘Should Work Together, Pave Way for Peace’: Says PM Modi in Bilateral Talks with Putin

    ‘Should Work Together, Pave Way for Peace’: Says PM Modi in Bilateral Talks with Putin

    Europe’s Slow Descent Into Weakness

    Europe: A Continent Happily Committing a Long-Drawn Suicide

    End of NATO? US Secretary of State Marco Rubio May Skip Foreign Ministers’ Meet in Brussels for First Time in Two Decades

    End of NATO? US Secretary of State Marco Rubio May Skip Foreign Ministers’ Meet in Brussels for First Time in Two Decades

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Despite Nehru’s objection, Rajendra Prasad became India’s first President !

    How Nehru Resisted Dr. Rajendra Prasad—from Presidency to Somnath visit  and Beyond

    Talom Rukbo Initiated the Donyi–Polo Movement: Bringing Tribal Youth Back to Their Roots

    Talom Rukbo: The Forgotten Hero Who Shielded Arunachal’s Tribal Communities from Religious Conversion

    How Guru Tegh Bahadur The Ninth Sikh Guru Became a Martyr for Religious Freedom

    How Guru Tegh Bahadur The Ninth Sikh Guru Became a Martyr for Religious Freedom

    21 November 1962: Looking Back at the Indo-China war and How it Redefined the Border Equation

    21 November 1962: Looking Back at the Indo-China war and How it Redefined the Border Equation

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Top 5 Reasons Why Cloud and DevOps Are the Perfect Career Combo in 2026

    Top 5 Reasons Why Cloud and DevOps Are the Perfect Career Combo in 2026

    감정을 가진 로봇의 시대가 오고 있다

    감정을 가진 로봇의 시대가 오고 있다

    Is AISaver Face Swap the Best Tool for Face Swap Video Online Free in 2025?

    Is AISaver Face Swap the Best Tool for Face Swap Video Online Free in 2025?

    Why Fat Analysis Matters in the Food and Feed  Industry?

    Why Fat Analysis Matters in the Food and Feed Industry?

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    ‘Agreed on Economic Cooperation Plan Till 2030,’ Says PM Modi in Joint Statement With Putin

    ‘Agreed on Economic Cooperation Plan Till 2030,’ Says PM Modi in Joint Statement With Putin

    ‘Ready to Continue Uninterrupted Shipments of Fuel to India,’ Says Putin at India-Russia Summit 2025

    ‘Ready to Continue Uninterrupted Shipments of Fuel to India,’ Says Putin at India-Russia Summit 2025

    ‘Should Work Together, Pave Way for Peace’: Says PM Modi in Bilateral Talks with Putin

    ‘Should Work Together, Pave Way for Peace’: Says PM Modi in Bilateral Talks with Putin

    Indira Gandhi’s Alliance with the Communists Redefined Indian History Education

    Indira Gandhi’s Alliance with the Communists Redefined Indian History Education

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    From Paper-Mandates to eNACH Registration: How Digital Mandates Are Changing Cash Flow

    From Paper-Mandates to eNACH Registration: How Digital Mandates Are Changing Cash Flow

    What is the financial management cycle?

    What is the financial management cycle?

    Smart Investment Planning: Calculating Mutual Fund SIP Growth Easily

    Smart Investment Planning: Calculating Mutual Fund SIP Growth Easily

    Convert ETH to USD Using Price Statistics for Better Trading Decisions

    Convert ETH to USD Using Price Statistics for Better Trading Decisions

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Veterans Deserve More Than Promises: The System Must Match the Soldier’s Sacrifice

    Veterans Deserve More Than Promises: The System Must Match the Soldier’s Sacrifice

    How Ukraine Uses Psychological and Information Warfare to ‘Win,’ and What India Can Learn From This Strategy

    How Ukraine ‘Wins’ the Psychological and Informatiaon War Despite Destruction — Lessons India Cannot Afford to Ignore

    Pakistan’s ‘ship-launched ASBM’ claim doesn’t withstand technical or industrial scrutiny

    Pakistan’s ‘ship-launched ASBM’ claim doesn’t withstand technical or industrial scrutinys

    Borders Can Change: Why Rajnath Singh’s Sindh Remark is India’s New Message to Pakistan

    Borders Can Change: Why Rajnath Singh’s Sindh Remark is India’s New Message to Pakistan

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    ‘Ready to Continue Uninterrupted Shipments of Fuel to India,’ Says Putin at India-Russia Summit 2025

    ‘Ready to Continue Uninterrupted Shipments of Fuel to India,’ Says Putin at India-Russia Summit 2025

    ‘Should Work Together, Pave Way for Peace’: Says PM Modi in Bilateral Talks with Putin

    ‘Should Work Together, Pave Way for Peace’: Says PM Modi in Bilateral Talks with Putin

    Europe’s Slow Descent Into Weakness

    Europe: A Continent Happily Committing a Long-Drawn Suicide

    End of NATO? US Secretary of State Marco Rubio May Skip Foreign Ministers’ Meet in Brussels for First Time in Two Decades

    End of NATO? US Secretary of State Marco Rubio May Skip Foreign Ministers’ Meet in Brussels for First Time in Two Decades

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Despite Nehru’s objection, Rajendra Prasad became India’s first President !

    How Nehru Resisted Dr. Rajendra Prasad—from Presidency to Somnath visit  and Beyond

    Talom Rukbo Initiated the Donyi–Polo Movement: Bringing Tribal Youth Back to Their Roots

    Talom Rukbo: The Forgotten Hero Who Shielded Arunachal’s Tribal Communities from Religious Conversion

    How Guru Tegh Bahadur The Ninth Sikh Guru Became a Martyr for Religious Freedom

    How Guru Tegh Bahadur The Ninth Sikh Guru Became a Martyr for Religious Freedom

    21 November 1962: Looking Back at the Indo-China war and How it Redefined the Border Equation

    21 November 1962: Looking Back at the Indo-China war and How it Redefined the Border Equation

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Top 5 Reasons Why Cloud and DevOps Are the Perfect Career Combo in 2026

    Top 5 Reasons Why Cloud and DevOps Are the Perfect Career Combo in 2026

    감정을 가진 로봇의 시대가 오고 있다

    감정을 가진 로봇의 시대가 오고 있다

    Is AISaver Face Swap the Best Tool for Face Swap Video Online Free in 2025?

    Is AISaver Face Swap the Best Tool for Face Swap Video Online Free in 2025?

    Why Fat Analysis Matters in the Food and Feed  Industry?

    Why Fat Analysis Matters in the Food and Feed Industry?

    • 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

Supreme Court: No Fixed Timelines, No “Deemed Assent” for President or Governors on Bills

Leh Erupts in Protest as Clashes Break Out Over Statehood Demand; BJP Office, Police Van Set Ablaze

Hijacked by Indira: Why India Must Revisit ‘Socialist’ and ‘Secular’ in Constitution

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

Supreme Court: No Fixed Timelines, No “Deemed Assent” for President or Governors on Bills
Law

“Fit to Be Dismissed”: SC Upholds Sacking of Christian Army Officer for Refusing to Enter Gurudwara During Regimental Parade

25 November 2025

Reinforcing the Armed Forces’ uncompromising commitment to discipline and unit cohesion, the Supreme Court on Monday upheld the dismissal...

Supreme Court: No Fixed Timelines, No “Deemed Assent” for President or Governors on Bills
Law

Supreme Court: No Fixed Timelines, No “Deemed Assent” for President or Governors on Bills

20 November 2025

In a landmark opinion delivered on November 20, the Supreme Court held that neither the President nor a Governor...

How Professional Legal Guidance Raises Your Settlement Value
Law

How Professional Legal Guidance Raises Your Settlement Value

5 November 2025

The task of settling an injury claim alone is like attempting to win a game without knowing the rules....

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

A War Won From Above: The Air Campaign That Changed South Asia Forever

A War Won From Above: The Air Campaign That Changed South Asia Forever

00:07:37

‘Mad Dog’ The EX CIA Who Took Down Pakistan’s A.Q. Khan Nuclear Mafia Reveals Shocking Details

00:06:59

Dhurandar: When a Film’s Reality Shakes the Left’s Comfortable Myths

00:06:56

Tejas Under Fire — The Truth Behind the Crash, the Propaganda, and the Facts

00:07:45

Why Rahul Gandhi’s US Outreach Directs to a Web of Shadow Controversial Islamist Networks?

00:08:04
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

©2025 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

©2025 TFI Media Private Limited