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may 1950

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.

ROMESH THAPPAR vs THE STATE OF MADRAS · Niyam