Supreme Court of India · 1962-02-06
DALBIR SINGH AND OTHERS vs THE STATE OF PUNJAB
- Citation / case number
- SC 1960/140
- Court
- Supreme Court of India
- Petitioner
- DALBIR SINGH AND OTHERS
- Respondent
- THE STATE OF PUNJAB
- Bench
- SINHA, BHUVNESHWAR P.(CJ),SUBBARAO, K.,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.,AIYYAR, T.L. VENKATARAMA
Judgment text excerpt
The Supreme Court upheld the validity of Section 3 of the Pepsu Police (Incitement to Disaffection) Act, 1953, stating it does not infringe Article 19(1)(a) of the Constitution and is intra vires. The Court reasoned that the police service is essential for maintaining public order, and any breach of discipline could threaten this order, thus justifying the law under Article 19(2). Furthermore, the Court clarified that Article 33 does not apply as the law was enacted by the President under delegated powers, not Parliament.