Romesh Thappar vs The State Of Madras on 26 May, 1950
In view of the decision of the Supreme Court in - 'Romesh Thappar v. State of Madras', the Constitution was amended ana therefore now it is competent to the Legislature to place restrictions upon the freedom of speech and expression in the interest of public order. The constitutionality of Section 3 (5) is not disputed, but what is urged is that under the Seventh Schedule to the Coostitution "public order" is a subject which can only be legislated upon by the state by reason of the entry with regard to public order being in the State List, which is List II to the Seventh Schedule, and therefore when Parliament included in the definition of "objectionable matter' a matter which dealt with public order, it legislated upon a subject exclusively meant for the State Legislature.