M. Patanjali Sastri, C.J.I.

(1) THIS is an appeal from an order of the High court of Judicature at Madras adjudging section 15 (2)(b) of the Indian Criminal Law Amendment Act, 1908 (Act No. 14 of 1908) as amended by the Indian Criminal Law Amendment (Madras) Act, 1950, (hereinafter referred to as the impugned Act) as unconstitutional and void, and quashing government Order No. 1517, Public (General) Department, dated 10/03/1950, whereby the State government declared a Society called the Peoples Education Society an unlawful association.

(2) THE respondent, who was the general secretary of the Society, which was registered under the Societies Registration Act, 1860, applied to the High court on 78 10/04/1950, under article 226 of the Constitution complaining that the impugned Act and the Order dated 10/03/1950, purporting to be issued there-under infringed the fundamental right conferred on him by article 19 (1) (c) of the Constitution to form associations or unions and seeking appropriate reliefs. The High court by a full bench of three Judges (Rajamannar C.J., Satyanarayana Rao and Viswanatha Sastri JJ.) allowed the application on 14/09/1950, and granted a certificate under article 132. The State of Madras has brought this appeal.

(3) THE government Order referred to above runs as follows:- `Whereas in the opinion of the State government, the Association known as the Peoples Education Society, Madras, has for its object interference with the administration of the law and the maintenance of law and order, and constitutes a danger to the public peace; Now, therefore, His Excellency the governor of Madras, in exercise of the powers conferred by Section 16 of the Indian Criminal Law Amendment Act, 1908 (Central Act 14 of 1908) hereby declares the said association to be an unlawful association within the meaning of the said Act. No copy of this order was served on the respondent or any other office-bearer of the society but it was notified in the official Gazette as required by the impugned Act.

(4) THE declared objects of the Society as set out in the affidavit of the respondent are: (a) to encourage, promote, diffuse and popularise useful knowledge in all sciences and more specially social science; (b) to encourage, promote, diffuse and popularise political education among people; (c) to encourage, promote and popularise the study and understanding of all social and political problems and bring about social and political reforms; and (d) to promote, encourage and popularise art, literature and drama. It was, however, stated in a counter-affidavit filed on behalf of the appellant by the Deputy secretary to government, Public Department, that, according to information received by the government, the Society was actively helping the Communist Party in Madras which had been declared unlawful in August 1949 by utilising its funds through its secretary for carrying on propaganda on behalf of the Party, and that the declared objects of the Society were intended to camouflage its real activities.

(5) AS the Madras Amendment Act (No. XI of 1950) was passed on the 12/08/1950, during the pendency of the petition, which was taken up for hearing on the 21/08/1950, the issues involved had to be determined in the light of the original Act as amended. In order to appreciate the issues it is necessary to refer to the relevant provisions. Before amendment by the Madras Act, the material provisions were as follows:-`15. In this Part- (1) `association` means any combination or body of persons whether the same be known by any distinctive name or not; and (2) `unlawful association` means an association(a) which encourages or aids persons to commit acts of violence or intimidation or of which the members habitually commit such acts, or (b) which has been declared to be unlawful by the Provincial government under the powers hereby conferred. 16. If the Provincial government is of opinion that any association interfer