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1 - 10 of 29 (0.56 seconds)Article 19 in Constitution of India [Constitution]
Article 21 in Constitution of India [Constitution]
Article 32 in Constitution of India [Constitution]
Article 13 in Constitution of India [Constitution]
Article 208 in Constitution of India [Constitution]
Gunupati Keshavram Reddy vs Nafisul Hasan & State Of U.P on 18 March, 1952
When there is a conflict, the privilege should yield to the
extent it affects the fundamental right. This construction
gives full effect to both the Articles. A This Court in
Gunupati Keshavram Reddy v. Nafisul Hasan (1) held that the
order of arrest of Mr. Mistry and his detention in the
Speaker's custody was a breach of the provisions of Art.
22(2) of the Constitution. In that case, the said Mistry
was directed by the Speaker of the U. P. Legislative
Assembly to be arrested and produced before him to answer a
charge of breach of privilege. Though the question was not
elaborately considered, five judges of this Court un-
animously held that the arrest was a clear breach of the
provisions of Art. 22(2) of the Constitution indicating
thereby that Art. 194 was subject to Articles of Part III of
the Constitution. I am bound by the decision of this Court.
In the result, I hold that the petitioner has the
fundamental right to publish the report of the proceedings
of the Legislature and that, as no reasonable restrictions
were imposed by law on the said fundamental right, the
action of the respondents infringes his right entitling him
to the relief asked for.
Express Newspapers (Private) Ltd.,And ... vs The Union Of India And Others(And ... on 8 January, 1958
To the same effect is the decision
of this Court in Express Newspapers Ltd. v. Union of India
(3), where Bhagwati, J., delivering the judgment of the
Court, held that freedom of speech and expression includes
within its scope the -freedom of the Press.