affecting "security of State", "law and order" also
comprehends disorders of less gravity than those
affecting "public order". One has to imagine three
concentric circles. Law and order represents the
largest circle within which is the next circle
representing public order and the smallest circle
represents security of State. It is then easy to see
that an act may affect law and order but not public
order just as an act may affect public order but not
security of the State.” (at page 746)
34.
In Arun Ghosh v. State of West Bengal, [1970] 3 S.C.R.
288, Ram Manohar Lohia’s case was referred to with approval
in the following terms:
“In Dr. Ram Manohar Lohia's case this Court
pointed out the difference between maintenance of
law and order and its disturbance and the
maintenance of public order and its disturbance.
Public order was said to embrace more of the
community than law and order. Public order is the
even tempo of the life of the community taking the
country as a whole or even a specified locality.
Disturbance of public order is to be distinguished,
from acts directed against individuals which do not
disturb the society to the extent of causing a general
disturbance of public tranquility. It is the degree of
disturbance and its effect upon the life of the
community in a locality which determines whether
the disturbance amounts only to a breach of law
and order. Take for instance, a man stabs another.
People may be shocked and even disturbed, but the
life of the community keeps moving at an even
tempo, however much one may dislike the act. Take
another case of a town where there is communal
tension. A man stabs a member of the other
37