Public Order - Definition - Law Dictionary Home Dictionary Definition public-order

Definition :

Public order, expression 'public order' has a distinct corrodation. Investigation into the offence under the Essential Commodities Act, may not be equated with the maintenance of public order as is commonly understood, Romesh Lal Jain v. Naginder Singh Rana, (2006) 1 SCC 294.

Public order, has a comprehensive meaning so as to include public safety in its relation to the maintenance of public order and maintenance of public order involves consideration of public safety. They are closely allied concepts, Revana Siddaiah v. State of Mysore, AIR 1952 Mys 85: (1951) ILR Mys 455: (1952) Cr LJ 1526.

Public order, has a very wide connotation public order is the basic need in any organized society. It implies the orderly State of Society and Community in which citizens can peacefully pursue their normal activities of life, Kamlakar Shankar Patil v. B. Akashi, (1994) Cr LJ 1870.

Public order, has in several decisions, been equated with public safety and tranquility. Each and every breach of tranquility in a sense would involve breach of public order. But it is not each and every such breach of public order that justifies the exercise of so extraordinary a power contained in this section, nor is the section intended for punishing a person guilty of every such breach of public order ......... concerns itself with the problem of public order of a local significance ....... in the locality or the community ......, Mohammed Allabux v. State, AIR 1965 Guj 126.

Public order, in regard to Preventive Detention Acts is an expression of wide connotation and signifies that state of tranquility prevailing among the members of a political society as a result of the internal regulations enforced by the government which they have instituted, Ramesh Thapper v. State of Madras, AIR 1950 SC 124: (1950) SCR 594: (1950) SCJ 418: (1950) All LT 485: (1950) 2 Mad LJ 390: (1950) Mad WN 435: (1950) 63 Mad LW 929: 51 Cr LJ 1514.

Public order, in the State list must be interpreted to include public safety in its relation to maintenance of public order, both of them being interdependent, Menon, MP v. State, AIR 1953 Tr & Coch 540: (1953) Ker LT 482: (1953) Cr LJ 1786.

Public order, is an expression of wide connotation and signifies that state of tranquility prevailing among the members of political society as a result of the internal regulation enforced by the government which they have instituted. Public order requires absence of disturbance of a state of serenity in society, but it goes further: it means, What the French designate order publique defined as an absence of insurrection, riot, turbulence, or crimes of violence, Babulal v. State of Orissa, (1995) Cr LJ 307; M. Karunanidhi v. M. Raman, AIR 1968 Mad 54.

Public order, is synonymous with public peace, safety and tranquillity.... Even if 'public order' and 'public tranquility are not entirely co-extensive is content the decisions so not .......... leave any doubt that public tranquility is at least an essential constituent of 'public order' and that 'public order' is a comprehensive concept including within itself as on of its integral parts 'public tranquility, Ram Manohar Lohiya v. State of Uttar Pradesh, AIR 1968 All 100.

Public order, is what the French call 'order publique' and is something more than ordinary maintenance of law and order. The test to be adopted in determining whether an act affects law and order or public order, is: Does it lead to disturbance of the current life of the community so as to amount to disturbance of public order or does it affect merely an individual leaving the tranquility of the society undisturbed? (see Kanu Biswas v. State of West Bengal, AIR 1972 SC 1656). 'Public order' has a narrower ambit, and public order could be affected by only such contravention which affects the community or the public at large. Public order is the even tempo of life of the community taking the country as a whole or even a specified locality. The distinction between the areas of 'law and order' and 'public order' is one of the degree and extent of the reach of the act in question on society. It is the potentiality of the act to disturb the even tempo of life of the community which makes it prejudicial to the maintenance of the public order. If a contravention is its effect is confined only to a few individuals directly involved as distinct from a wide spectrum of public, it could raise problem of law and order only. It is the length, magnitude and intensity of the terror wave unleashed by a particular eruption of disorder that helps to distinguish it as an act affecting 'public order' from that concerning 'law and order'. Public order is synonymous with public safety and tranquility: 'It is the absence of disorder involving breaches of local significance in contradistinction to national upheavals, such as revolution, civil strife, war, affecting the security of the state', Commissioner of Police v. C. Anita, AIR 2004 SC 4423.

Means activities disturbing maintenance of public order, Shamshar Ahmad v. District Magistrate, (1994) Cr LJ 180.

Means even tempo of life of the community. That being so, even all murders do not disturb or affect 'public order', Banchan Singh v. State of Punjab, (1983) 1 SCR 145: (1983) Mad LJ (Cr) 175.

The entry 'public order' in the State List only empowers the States to enact a legislation relating to public order or security insofar as it affects or relates to a particular State. Howsoever wide a meaning is assigned to the entry 'public order', the present-day problem of terrorism cannot be brought under the same by any stretch of imagination, Pucl v. Union of India, (2004) 9 SCC 580. (Constitution of India, Entry I, List II, Schedule VII)

The expression 'public order' was inserted in Article 19(2) of the Constitution by the Constitution First Amendment Act, 1951, the wide concept of 'public order' is split up under different heads. It enables the imposition of reasonable restrictions on the exercise of the right to freedom of speech and expression in the interests of the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence. Public order is therefore, something which is demarcated from the others. In that limited sense, particularly in view of the history of the amendment, it can be postulated that 'public order' is synonymous with public peace, safety and tranquillity, Superintendent Central Prison Fatehgarh v. Dr. Ram Manohar Lohia, AIR 1960 SC 633: (1960) 2 SCR 821.

(ii) 'Public order' in s. 38(1)(ii) do not include the maintenance of public health. The functions of the Municipal Council in carrying out nightsoil and in distributing water do not fall within 'maintenance of public order', Municipal Council v. State of Madhya Pradesh, AIR 1970 SC 1923: (1969) 2 SCC 582: (1970) 1 SCR 915.

(iii) 'Public order' is what the French call 'order publique' and is something more than ordinary maintenance of law and order. The test to be adopted in determining whether an act affects law and order or public order is: Does it lead to disturbance of the current of life of the community so as to amount to a disturbance of the public order or does it affect merely an individual leaving the tranquillity of the society undisturbed, Kanu Biswas v. State of West Bengal, AIR 1972 SC 1656: (1972) 3 SCC 831: (1973) 1 SCR 546. See also (2004) 7 SCC 467.

(iv) The expression 'public order' is of wide connotation. It must have the connotation which it is meant to provide as the very first Entry in List II. It has been held by this Court in Ramesh Thappar v. State of Madras, 1950 SCR 594: AIR 1950 SC 124: 51 Cri LJ 1514, that 'public order' is an expression of wide connotation and signifies State of tranquillity which prevails among the members of the political society as a result of internal regulations enforced by Government which they have established, Rev. Stainislaus v. State of Madhya Pradesh, AIR 1977SC 908: (1977) 1 SCC 677: (1977) 2 SCR 611.