TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Dhar Bhojshala

    Dhar’s Bhojshala Declared Vagdevi Temple by Indore High Court, Muslim Claim for Namaz Rights Rejected

    Sanjeev Sanyal is renoned

    Sanjeev Sanyal: Is Bengal About to Get Its Own ‘Technocrat’ Finance Minister?

    Muslim Man Fakes Identity, Abducts Minor Girl in Muzaffarnagar, Shot During UP Police Encounter

    Muslim Man Fakes Identity, Abducts Minor Girl in Muzaffarnagar, Shot During UP Police Encounter

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

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

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    The Wrong Questions People Ask Before Buying Bike Insurance

    The Wrong Questions People Ask Before Buying Bike Insurance

    India–Vietnam Deepen Strategic Reset with $25 Billion Trade Goal, Broaden Indo-Pacific Alignment

    India–Vietnam Deepen Strategic Reset with $25 Billion Trade Goal, Broaden Indo-Pacific Alignment

    The Value of a Diversified Supply Chain: Recent U.S. Agreement Highlights Future Capabilities

    The Value of a Diversified Supply Chain: Recent U.S. Agreement Highlights Future Capabilities

    Lotus Blooms in WB: BJP Goes 200 Paar to Unseat Mamata, Vijay’s TVK Turns Heads Stuns in TN

    Lotus Blooms in WB: BJP Goes 200 Paar to Unseat Mamata, Vijay’s TVK Turns Heads Stuns in TN

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    BSF HQ Blast Probe Deepens as Two Key Arrests Unravel Cross-Border Module Behind Jalandhar IED Attack

    BSF HQ Blast Probe Deepens as Two Key Arrests Unravel Cross-Border Module Behind Jalandhar IED Attack

    UP ATS Uncovers Pakistan-Linked Reconnaissance Network After Surveillance of RSS Offices and Police Stations

    UP ATS Uncovers Pakistan-Linked Reconnaissance Network After Surveillance of RSS Offices and Police Stations

    China’s ‘Secret Police Station’ Busted in New York: America Finally Hits Back at Beijing’s Network

    China’s ‘Secret Police Station’ Busted in New York: America Finally Hits Back at Beijing’s Network

    Sacrifice or Strategy? Decoding the Real Meaning Behind Modi’s Repeated Appeals   

    Sacrifice or Strategy? Decoding the Real Meaning Behind Modi’s Repeated Appeals  

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Moscow Questions Pakistan’s Mediation Standing as Modi’s UAE Visit Signals India’s Consolidating Strategic Role in West Asia

    Moscow Questions Pakistan’s Mediation Standing as Modi’s UAE Visit Signals India’s Consolidating Strategic Role in West Asia

    China’s ‘Secret Police Station’ Busted in New York: America Finally Hits Back at Beijing’s Network

    China’s ‘Secret Police Station’ Busted in New York: America Finally Hits Back at Beijing’s Network

    500 Days in Jail, Bail Denied Again: Bangladesh’s Chinmoy Krishna Das Case Puts Tarique Rahman Government Under Fire

    500 Days in Jail, Bail Denied Again: Bangladesh’s Chinmoy Krishna Das Case Puts Tarique Rahman Government Under Fire

    Sacrifice or Strategy? Decoding the Real Meaning Behind Modi’s Repeated Appeals   

    Sacrifice or Strategy? Decoding the Real Meaning Behind Modi’s Repeated Appeals  

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Dhar Bhojshala

    Dhar’s Bhojshala Declared Vagdevi Temple by Indore High Court, Muslim Claim for Namaz Rights Rejected

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

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

    Maharana Pratap Jayanti: India Reclaims the Legacy of a King Who Chose Resistance Over Submission, PM Modi Leads Tributes

    Maharana Pratap Jayanti: India Reclaims the Legacy of a King Who Chose Resistance Over Submission, PM Modi Leads Tributes

    Stolen Legacy: How the CCP Hijacked the May Fourth Movement

    Stolen Legacy: How the CCP Hijacked the May Fourth Movement

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Bharat Forge Cracks Embraer’s Elite Aerospace Network in Major Win for India’s Manufacturing Rise

    Bharat Forge Cracks Embraer’s Elite Aerospace Network in Major Win for India’s Manufacturing Rise

    Why Smarter Expense Management Is a Business Essential

    Why Smarter Expense Management Is a Business Essential

    From Nuclear Resolve to Tech Power: Modi Invokes Pokhran Spirit on National Technology Day

    From Nuclear Resolve to Tech Power: Modi Invokes Pokhran Spirit on National Technology Day

    All Slots Games: Why People Still Spend Hours Spinning Reels

    All Slots Games: Why People Still Spend Hours Spinning Reels

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Dhar Bhojshala

    Dhar’s Bhojshala Declared Vagdevi Temple by Indore High Court, Muslim Claim for Namaz Rights Rejected

    Sanjeev Sanyal is renoned

    Sanjeev Sanyal: Is Bengal About to Get Its Own ‘Technocrat’ Finance Minister?

    Muslim Man Fakes Identity, Abducts Minor Girl in Muzaffarnagar, Shot During UP Police Encounter

    Muslim Man Fakes Identity, Abducts Minor Girl in Muzaffarnagar, Shot During UP Police Encounter

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

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

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    The Wrong Questions People Ask Before Buying Bike Insurance

    The Wrong Questions People Ask Before Buying Bike Insurance

    India–Vietnam Deepen Strategic Reset with $25 Billion Trade Goal, Broaden Indo-Pacific Alignment

    India–Vietnam Deepen Strategic Reset with $25 Billion Trade Goal, Broaden Indo-Pacific Alignment

    The Value of a Diversified Supply Chain: Recent U.S. Agreement Highlights Future Capabilities

    The Value of a Diversified Supply Chain: Recent U.S. Agreement Highlights Future Capabilities

    Lotus Blooms in WB: BJP Goes 200 Paar to Unseat Mamata, Vijay’s TVK Turns Heads Stuns in TN

    Lotus Blooms in WB: BJP Goes 200 Paar to Unseat Mamata, Vijay’s TVK Turns Heads Stuns in TN

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    BSF HQ Blast Probe Deepens as Two Key Arrests Unravel Cross-Border Module Behind Jalandhar IED Attack

    BSF HQ Blast Probe Deepens as Two Key Arrests Unravel Cross-Border Module Behind Jalandhar IED Attack

    UP ATS Uncovers Pakistan-Linked Reconnaissance Network After Surveillance of RSS Offices and Police Stations

    UP ATS Uncovers Pakistan-Linked Reconnaissance Network After Surveillance of RSS Offices and Police Stations

    China’s ‘Secret Police Station’ Busted in New York: America Finally Hits Back at Beijing’s Network

    China’s ‘Secret Police Station’ Busted in New York: America Finally Hits Back at Beijing’s Network

    Sacrifice or Strategy? Decoding the Real Meaning Behind Modi’s Repeated Appeals   

    Sacrifice or Strategy? Decoding the Real Meaning Behind Modi’s Repeated Appeals  

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Moscow Questions Pakistan’s Mediation Standing as Modi’s UAE Visit Signals India’s Consolidating Strategic Role in West Asia

    Moscow Questions Pakistan’s Mediation Standing as Modi’s UAE Visit Signals India’s Consolidating Strategic Role in West Asia

    China’s ‘Secret Police Station’ Busted in New York: America Finally Hits Back at Beijing’s Network

    China’s ‘Secret Police Station’ Busted in New York: America Finally Hits Back at Beijing’s Network

    500 Days in Jail, Bail Denied Again: Bangladesh’s Chinmoy Krishna Das Case Puts Tarique Rahman Government Under Fire

    500 Days in Jail, Bail Denied Again: Bangladesh’s Chinmoy Krishna Das Case Puts Tarique Rahman Government Under Fire

    Sacrifice or Strategy? Decoding the Real Meaning Behind Modi’s Repeated Appeals   

    Sacrifice or Strategy? Decoding the Real Meaning Behind Modi’s Repeated Appeals  

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Dhar Bhojshala

    Dhar’s Bhojshala Declared Vagdevi Temple by Indore High Court, Muslim Claim for Namaz Rights Rejected

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

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

    Maharana Pratap Jayanti: India Reclaims the Legacy of a King Who Chose Resistance Over Submission, PM Modi Leads Tributes

    Maharana Pratap Jayanti: India Reclaims the Legacy of a King Who Chose Resistance Over Submission, PM Modi Leads Tributes

    Stolen Legacy: How the CCP Hijacked the May Fourth Movement

    Stolen Legacy: How the CCP Hijacked the May Fourth Movement

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Bharat Forge Cracks Embraer’s Elite Aerospace Network in Major Win for India’s Manufacturing Rise

    Bharat Forge Cracks Embraer’s Elite Aerospace Network in Major Win for India’s Manufacturing Rise

    Why Smarter Expense Management Is a Business Essential

    Why Smarter Expense Management Is a Business Essential

    From Nuclear Resolve to Tech Power: Modi Invokes Pokhran Spirit on National Technology Day

    From Nuclear Resolve to Tech Power: Modi Invokes Pokhran Spirit on National Technology Day

    All Slots Games: Why People Still Spend Hours Spinning Reels

    All Slots Games: Why People Still Spend Hours Spinning Reels

    • 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

When Ram Manohar Lohia took on Nehru over the First Amendment and won

Abhishek Kumar Singh by Abhishek Kumar Singh
25 November 2022
in Law
Ram Manohar Lohia case
Share on FacebookShare on X

Ram Manohar Lohia case: When we talk about Ram Manohar Lohia, discussions always move towards the socialist leader attacking Nehru. Such is the nature of our polity that politics rules the rooster. But there is another side to his battle. Knowingly or unknowingly, he played a key role in breaking the back of the First Constitutional Amendment proposed by Nehru.

Innovative methods to curtail free speech

The British had enacted the U. P. Special Powers Act of 1932. Section 3 of the act penalised any person who would ask a certain class of people not to pay tax. It is not tough to decipher the Britishers’ intent behind it. They wanted to stop Indians from speaking their mind. Now, in 1947 the British left the country, which ideally would mean that the Section should have gone with them. Another reason for putting the section in the dump yard would have been that it violated the fundamental rights of free speech and hence was violative of Article 13 of the Constitution.

RelatedPosts

Kerala Becomes Congress’ Latest Political Embarrassment: Majority Secured, Yet No Chief Minister in Sight

Justice Nagarathna Advocates for 30% Women Law Officers to Bridge Gender Gap in Litigation

Centre Asks Congress to Vacate Akbar, Raisina Road Offices by Saturday

Load More

But, it did not and continued to be applicable. Instead, it was given bigger teeth by Nehru’s 1st constitutional amendment. Nehru amended Article 19(2) and effectively said that free speech could be curtailed if it goes against the “interest of public order.” While Public order is in both state as well as concurrent lists, until the amendment was introduced, maintaining public order was understood to be the foremost role of government. The government was given specific powers under the Indian Penal Code, The Code of Criminal Procedure and The Police Act to “maintain” public order.

But by using the word “interest of public order”. Jawaharlal Nehru gave it a wider meaning. Now, it became constitutionally valid for the government to curtail any speech by using this logic. Even a speech which is remotely associated with disobeying government orders was now being construed as against the “interest of public order”. The phrase emboldened Section 3 of the U. P. Special Powers Act of 1932.

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

The Ram Manohar Lohia Case

Ram Manohar Lohia also committed a similar offence. He gave two speeches where Lohia asked farmers not to pay heightened irrigation rates to the government. Ram Manohar Lohia was arrested and charged under Section 3 of the aforementioned act. Ultimately the matter went to Apex Court. Here the Constitutional validity of the Section was to be tested.

The Court tested the restriction on Lohia’s speech on mainly two grounds; interest of public order and reasonableness of the order. Regarding “interest of public order”, Apex Court relied on judgements in the Debi Saron case, Virendra Case and Ramji Lal Modi Case. Citing these Judgements, Apex Court acknowledged that the First Constitutional Amendment gave greater power to the government at the top.

Also read: 1st Constitutional Amendment: How Nehru sowed the seeds of communism

The distinctive line on the power of government

The Court also analysed Nehru’s intention to amend Article 19(2). It cited the governments’  dissatisfaction on the Courts’ decisions in Brij Bhushan and Romesh Thappar Cases and said that the expression “public order” was inserted to nullify the effects of those judgements.

Then the Court proceeded to define reasonableness. The Apex Court took due care of not crossing the Laxman Rekha of legislative line and deciphered the definition of reasonableness from the intent of the legislature. Quote, “The restriction made “in the interests of public order” must also have a reasonable relation to the object to be achieved, i.e., the public order.” The restriction has to be in close proximity to the public order. The Court reasoned that if that formula is not applied, then it would lead to the end of the scope for any kind of agitation in the democratic set-up.

Also read: Free Speech Case: We have some questions for the Indian judiciary

Then the Advocate General rushed in to defend the Constitutionality of the aforementioned Section by stating that the Section can be operated in such a way that it stands the test of Article 19(2). But the Court shunned the argument by stating that even it won’t kill the chances of its use by bad faith governments. Simply because misuse like that of in the Ram Manohar Lohia Case will still be Constitutionally valid.

The Apex Court ultimately declared the Section in question as Ultra Vires. But the case is remembered more for a line between government overreach and citizens’ right to protest. Ram Manohar Lohia may be a socialist, but this case prevented almost absolute Communist type control of freedom of speech. Ironically, a socialist was becoming a victim.

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=SxxNUkh7OWU

Tags: Apex Courtfree speechGovernmentJawaharlal NehruPublic OrderRam Manohar Lohia
ShareTweetSend
Previous Post

Arvind Kejriwal is “not scared of jails”. Now we know why

Next Post

The tussle between Maharashtra and Karnataka over Belgaum is back- Here is a brief history

Related Posts

Dhar Bhojshala
Culture

Dhar’s Bhojshala Declared Vagdevi Temple by Indore High Court, Muslim Claim for Namaz Rights Rejected

15 May 2026

In a major verdict on one of Madhya Pradesh’s most sensitive religious disputes, the Indore Bench of the Madhya...

NEET-UG 2026 Row Escalates: FAIMA Moves Supreme Court Seeking NTA Overhaul and Fresh Exam Under Judicial Watch
Law

NEET-UG 2026 Row Escalates: FAIMA Moves Supreme Court Seeking NTA Overhaul and Fresh Exam Under Judicial Watch

13 May 2026

The Supreme Court is now examining the fallout of the NEET-UG 2026 controversy. Federation of All India Medical Association...

Bengal Moves to Dismantle Illegal Toll Rackets as Suvendu Govt Orders Statewide Action
Law

Bengal Moves to Dismantle Illegal Toll Rackets as Suvendu Govt Orders Statewide Action

13 May 2026

The BJP-led West Bengal government has launched a statewide crackdown on illegal toll booths, drop gates, and barricaded collection...

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

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

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

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
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