1950 AIR 124, 1950 SCR 594
Introduction
After independence, this was the first case based on the right to speech and expression of the press under Article 19(1)(a) of the Constitution.
Facts
Romesh Thapar, a journalist who believed in communist ideology, published and circulated an English weekly journal named Cross Roads within the state of Madras
This journal criticizes the policies of the Congress government.
On March 1st, 1950, the Madras government banned the entry and circulation of Cross Roads journals under Section 9(1)(A) of the Madras Maintenance of Public Order Act, 1949, for maintaining public safety and securing public order in the state.
Mr. Thapar challenged this ban as well as Section 9(1)(A) of the Madras Maintenance of Public Order Act, 1949, and filed a writ petition under Article 32 in the Supreme Court for violation of Article 19(1)(a) of the Constitution.
State’s Argument
- The government argued that the Madras Maintenance of Public Order Act, 1949, was a law relating to the security of the state, and actions taken under it have a reasonable restriction on freedom of expression.
- The State also objected to the petitioner’s coming to the Supreme Court directly without exhausting the alternate remedy under Article 226.
- It was also argued by the State that that Section 9(1A) could not be declared void completely, as this Act was specially prepared for securing public safety and maintaining public order, which include the security of the State.
Judgment
The Supreme Court held that the security of the State is a reasonable restriction under Article 19(2) of the Constitution, but the restriction under this Act was not constitutionally permissible as it restricted the freedom of expression.
The Supreme Court also held that the impugned section was accordingly considered to be void because it gave the State wide range of powers to restrict freedom of expression.
The Court also quashed the government order banning the journal.
The Supreme Court of India held that freedom of speech and expression includes freedom to propagate ideas, which is ensured by the freedom of circulation of a publication, as publication is of no value without its proper circulation.
Justice J. Fazl concluded that the maintenance of peace and tranquility was part of maintaining the security of the State. Therefore, he disagreed with the majority opinion and stated that the Act imposed reasonable restrictions on freedom of speech and expression, and thus the Act must be upheld as valid.
Conclusion:-
After this case, the Parliament came up with the First Constitutional Amendment in 1951 and inserted the word “REASONABLE RESTRICTION” in Article 19(2), by which the fundamental rights mentioned in Article 19(1) can be curtailed by the government to maintain the security of the state, public order, tranquility, decency, and morality.
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