Supreme Court of India · 1950-05-26
ROMESH THAPPAR vs THE STATE OF MADRAS
- Citation / case number
- SC 1950/36
- Court
- Supreme Court of India
- Petitioner
- ROMESH THAPPAR
- Respondent
- THE STATE OF MADRAS
- Bench
- FAZAL ALI, SAIYID
Judgment text excerpt
The Supreme Court held that under Article 19(1)(a) of the Constitution, the right to freedom of speech and expression includes the freedom to propagate ideas, which is ensured by the freedom of circulation. The Court ruled that Section 9(1-A) of the Madras Maintenance of Public Order Act, 1949, which imposes restrictions for public safety and order, is unconstitutional as it does not solely target threats to state security. The Court further established that laws with overly broad language that restrict fundamental rights cannot be upheld, as they are not severable, thus rendering the section void.