Tamil Nadu's Role in First Amendment Shaping Freedom of Expression in India
January 2, 2026
Tamil Nadu is famously linked to India’s First Amendment, which introduced reservations for Backward Classes. But it also played a crucial role in shaping freedom of expression and press laws. This link came after the Supreme Court’s landmark Romesh Thapar vs State of Madras case, known as the Cross Roads case.
In 1949, the Bombay government banned the English journal Cross Roads under the Public Security Measures Act, citing public safety concerns. The Bombay High Court upheld the ban, trusting only the government’s judgement. Then, on March 1, 1950, the Madras government also banned Cross Roads, a magazine seen as left-leaning.
The Supreme Court took the case on April 21, 1950. Petitioner Romesh Thapar argued the ban violated Article 19(1)(a), which guarantees free speech. Advocate General K. Raja Aiyar admitted the ban restricted expression but said it was limited to Madras and justified under state security and public order grounds. The court rejected this argument.
On May 24, 1950, a full bench of the Supreme Court quashed the ban by a 5-1 majority. The court declared Section 9 of the Madras Maintenance of Public Order Act unconstitutional. Justice M. Patanjali Sastri explained that criticism of government alone does not justify restrictions unless it threatens state security. He said laws must specifically target threats to state security to restrict speech under Article 19(2).
Justice Saiyid Fazal Ali was the lone dissenter. The ruling set an important precedent on what counts as "reasonable restrictions" on freedom of expression.
A year later, Prime Minister Jawaharlal Nehru introduced the First Amendment to clarify Parliament’s power to enforce reasonable restrictions on free speech. He defended the amendment saying it "clears up what the authority of Parliament is" and is not about suppressing freedom but managing it, especially during danger.
The amendment passed overwhelmingly in Parliament, despite opposition from some leaders like Deshbandhu Gupta and Shyama Prasad Mookerjee.
While historians debate Nehru’s role, the Supreme Court’s judgment remains globally respected for clearly distinguishing reasonable limits on speech and protecting democratic discourse.
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Tags:
First amendment
Freedom Of Expression
Supreme court
Romesh Thapar
Tamil nadu
Constitution
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