countries. Hence the body like the Press Council of
India which is empowered to enforce, however
imperfectly, the right to reply. The print media further
enjoys as in our country, freedom from
pre-censorship unlike the electronic media.”
Public Order
30.
In Article 19(2) (as it originally stood) this sub-head was
conspicuously absent.
Because of its absence, challenges
made to an order made under Section 7 of the Punjab
Maintenance of Public Order Act and to an order made under
Section 9 (1)(a) of the Madras Maintenance of Public Order Act
were allowed in two early judgments by this Court. Thus in
Romesh Thappar v. State of Madras, [1950] S.C.R. 594, this
Court held that an order made under Section 9(1)(a) of the
Madras Maintenance of Public Order Act (XXIII of 1949) was
unconstitutional and void in that it could not be justified as a
measure connected with security of the State. While dealing
with the expression “public order”, this Court held that “public
order” is an expression which signifies a state of tranquility
which prevails amongst the members of a political society as a
result of the internal regulations enforced by the Government
which they have established.
35