Punjab & Haryana High Court, Chandigarh
CitationAIR 1950 SC 124
CourtSupreme Court of India (Constitution Bench)
Date26 May 1950
Year1950
BenchM.H. Kania CJI, Saiyid Fazl Ali, M. Patanjali Sastri, Mehr Chand Mahajan, B.K. Mukherjea, S.R. Das JJ.
Acts/ArticlesArticle 19(1)(a), Article 19(2)
CategoryConstitutional Law

Key Principle Established

Freedom of speech and expression under Article 19(1)(a) includes freedom of press and circulation of publications. Restrictions must fall within Article 19(2).

Brief Facts

The Madras Government banned the entry and circulation of “Cross Roads,” a journal published from Bombay, within the State. The editor challenged this as violative of Article 19(1)(a).

Ratio Decidendi

The Court struck down the ban, holding that freedom of speech includes freedom of press and freedom of circulation. Restrictions on speech can only be imposed on the specific grounds in Article 19(2) and must be reasonable.

Impact & Significance

One of the earliest and most important free speech cases, this judgment directly led to the First Constitutional Amendment (1951) which expanded the permissible restrictions under Article 19(2).

Tags & Related Topics

Constitutional Law Article 19(1)(a) Article 19(2)
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Disclaimer

This judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).

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