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march 1952

Supreme Court of India · 1952-03-31

STATE OF MADRAS vs V.G. ROW.UNION OF INDIA & STATE IntervenersOF TRAVANCORE

Citation / case number
SC 1951/56
Court
Supreme Court of India
Petitioner
STATE OF MADRAS
Respondent
V.G. ROW.UNION OF INDIA & STATE IntervenersOF TRAVANCORE
Bench
SASTRI, M. PATANJALI (CJ),MAHAJAN, MEHR CHAND,MUKHERJEA, B.K.,DAS, SUDHI RANJAN,AIYAR, N. CHANDRASEKHARA

Judgment text excerpt

The Supreme Court examined the constitutionality of Section 15(2)(b) of the Indian Criminal Law Amendment Act, 1908, as amended by the Indian Criminal Law Amendment (Madras) Act, 1950, which allows the State to declare associations unlawful without judicial inquiry or proper notification to members. The Court held that this provision imposes unreasonable restrictions on the right to form associations under Article 19(1)(c) of the Constitution, as it lacks adequate safeguards for representation and communication. Consequently, the law was deemed unconstitutional and invalidated.

STATE OF MADRAS vs V.G. ROW.UNION OF INDIA & STATE IntervenersOF TRAVANCORE · Niyam