Romesh Thappar Case (1950)

Supreme Court Judgement

• The Supreme Court held that the freedom of speech and expression under Article 19(1)(a) includes the freedom of propagation of ideas.

• It ruled that freedom of circulation is essential for the freedom of speech and expression.

• The court stated that without liberty of circulation, publication would be of little value.

• The Madras government's order banning the entry and circulation of the weekly English journal "Cross Roads" published in Bombay was declared unconstitutional and void.

• The banning order was issued under Section 9 (1-A) of the Madras Maintenance of Public Order Act, 1949.

• The Supreme Court observed that freedom of speech and freedom of the press are fundamental to democratic organizations.

• It emphasized that without free political discussion, public education, which is essential for the proper functioning of popular government, is not possible.

Impact of the Judgement

• As a sequel to this judgement, the 1st Amendment Act (1951) added "public order" as a reasonable restriction under Article 19(2) on the freedom of speech and expression.

• The Supreme Court held that restrictions on the freedom of speech and expression could be imposed only on the grounds mentioned in Article 19(2).

• The court refused to permit restrictions on the ground of public order because it was not mentioned in Article 19(2) before the amendment.

• The court stated that ordinary or local breaches of public order were not grounds for imposing restrictions on the freedom of speech and expression.

• It further observed that the term "public order" has a wide connotation and signifies the state of tranquility which prevails among members of a political society as a result of internal regulations enforced by the government.