Petition for Special Leave to Appeal Civil No 4679 of 1980
From the Judgment and order dated the 24th July 1979 of the High Court of Madhya Pradesh at Jabalpur in Misc
Petition No 119 of 1975
Gopal Subramaniam and D P Mohanty for the Petitioner
J Since we are clearly of the view that the special leave petition should be dismissed in 1975 on merits I would not like to go any further into the details of the facts of the case
r would therefore refrain from expressing any opinion on the observations made by my learned brother Chinnappa Reddy J 395 CHINNAPPA REDDY J
This special leave petition has to be dismissed
There is no merit in it
The respondent was a teacher employed in a municipal school
The school was taken over by the Government in June 1971
The respondent was absorbed in Government service by an order dated February 28 1972
The order recited that the absorption was subject to verification of antecedents  and medical fitness The services of the respondent were terminated on November S 1974
Though the order terminating the services of the respondent did not purport to stigmatise him in any manner it was not disputed before the High Court and it is no longer disputed before us that the order was founded on a report made by the Superintendent of Police Raigarh on October 31 1974 to the effect that the respondent was not a fit person to be entertained in Government service as he had taken part in RSS and Jan Sangh activities 
The High Court held that the order of termination of service was of a punitive character and quashed it on the ground that the provisions of article 311 of the Constitution had not been complied with
The State of Madhya Pradesh has sought leave to appeal to this court under article 136 of the Constitution
India is not a police state
India Is a democratic republic
More than 30 years ago on January 26 1950 the people of India resolved to constitute India into a democratic republic and to secure to all its citizens Liberty of thought expression belief faith and worship Equality of status and opportunity and to promote Fraternity assuring the dignity of the individual
This determination of the people let us hope is not a forgotten chapter of history
The determination has been written into the articles of the Constitution in the shape of Fundamental Rights and they are what makes India a democratic republic and what marks India from authoritarian or police States
The right to freedom of speech and expression the right to form associations and unions the right to assemble peaceably and without arms
the right to equality before the law and the equal protection of the right laws the right to equality of opportunity in matters relating to employment or appointment to any office under the State are declared Fundamental Rights
Yet the Government of Madhya Pradesh seeks to deny employment to the respondent on the ground that the report of a Police officer stated that he once belonged to some political organisation
It is important to note that the action sought to be taken against the respondent is not any disciplinary action on the ground of his present involvement in 396 political activity after entering the service of the Government contrary to some Service Conduct Rule
It is further to be noted that it is not alleged that the respondent ever participated in any illegal vicious or subversive activity
There is no hint that the respondent was or is a perpetrator of violent deeds or that he exhorted anyone to commit violent deeds
There is no reference to any addition to violence or vice or any incident involving violence vice or other crime
All that is said is that before he was absorbed in Government service he had taken part in some RSS or Jan Sangh activities  What those activities were has never been disclosed
Neither the RSS nor tho Jan Sangh is alleged to be engaged in any  subversive or other illegal activity nor are the organisations banned
Most people including intellectuals may not agree with the program me and philosophy of the Jan Sangh and the RSS or for that matter of many other political parties and organisations of an altogether different hue
But that is irrelevant
Everyone is entitled to his thoughts and views
There are no barriers
Our Constitution guarantees that
In fact members of these organisations continue to be members of Parliament and State Legislatures
They are heard often with respect inside and outside the Parliament
What then was the sin that the respondent committed in participating in some political activity before his absorption into Government service
What was wrong in his being a member of an organisation which is not even alleged to be devoted to subversive or illegal activities
The whole idea of seeking a Police report on the political faith and the past political activity of a candidate for public employment appears to our mind to cut at the very root of the Fundamental Rights of equality of opportunity in the matter of employment freedom of expression and freedom of association
It is a different matter altogether if a police report is sought on the question of the involvement of the candidate in any criminal or subversive activity in order to find out his suitability for public employment
But why seek a police report on the political faith of a candidate and act upon it
Politics is no crime
Does it mean that only True Believers in the political faith of the party in power for the time being are entitled to public employment  Would it not lead to devastating results if such a policy is pursued by each of the Governments of the constituent States of India where different political parties may happen to wield power for the time being  Is public employment reserved for the cringing and the craven in the words of Mr Justice Black of the United States Supreme Court  Is it not destructive of the dignity of the 397 individual mentioned in the preamble of the Constitution  Is it to be put against a youngman that before the cold climate of age and office freezes him into immobility he takes part in some political activity in a mild manner
Most students and most youngmen are exhorted by national leaders to take part in political activities and if they do get involved in some form of agitation or the other is it to be to their ever lasting discredit i Sometimes they get involved because they feel strongly and badly about injustice because they are possessed of integrity and because they are fired by idealism
They get involved because they are pushed into the forefront by elderly leaders who lead and occasionally mislead them
Should all these youngmen be debarred from public employment  Is Government service such a heaven that only angels should seek entry into it  a We
do not have the slightest doubt that the whole business of seeking police reports about the political faith belief and association and the past political activity of a candidate for public employment is repugnant to the basic rights guaranteed by the Constitution and entirely misplaced in a democratic republic dedicated to the ideals set forth in the preamble of the Constitution
We think it offends the Fundamental Rights guaranteed by articles 14 and 16 of the Constitution to deny employment to an individual because of his past political affinities unless such affinities are considered likely to affect the integrity and efficiency of the individual s service
To hold otherwise would be to introduce McCarthysim  into India McCarthyism  is obnoxious to the whole philosophy of our constitution
We do not want it
In the fifties the practice of baiting and crucifying teachers public servants and a host of others in the United States as Communists came to be known as McCarthyism
Its baleful effects were described by late President Eisenhower himself an anticommunist as follows  McCarthyism took its toll on many individuals and on the Nation
No one was safe from charges recklessly made from inside the walls of congressional immunity
Teachers Government employees and even ministers became vulnerable
Innocent people accused of Communist associations or party membership have not to this day been able to clear their names fully
For a few of course the cost was little where the accused was a figure who stood high in public trust and respect personal damage if any could be ignored or laughed away
But where without 398 proof cf guilt or because of some accidental or early in life association with suspected persons a man or woman had lost a job or the confidence and trust of superiors and associates the cost was often tragic both emotionally and occupationally 
The late President also said They fear other people s ideas every new idea
They talk about censoring tho sources and the communication of ideas without exhaustive debate even heated debate of ideas and programmes free Government would weaken and wither
But if we allow ourselves to be persuaded that every individual or party that takes issue with our own convictions is necessarily wicked or treasonous then we are approaching the end of freedom s road  In Wieman V Updegraff 1 Black J said in one of the notorious loyalty oath cases and it is worth quoting in full History indicates that individual liberty is intermittently subjected to extraordinary perils
Even Countries dedicated to government by the people are not free from such cyclical dangers
The first years of our Republic marked such a period
Enforcement of the Alien and Sedition Laws by zealous patriots who feared ideas made it highly dangerous for people to think speak or write critically about government its agents or its policies either foreign or domestic our Constitutional liberties survived the ordeal of this regrettable period because there were influential men and powerful organized groups bold enough to champion the undiluted right of individuals to publish and argue for their beliefs however unorthodox or loathsome
Today however few individuals and organizations of power and influence argue that unpopular advocacy has this same wholly unqualified immunity from governmental interference
For this and other reasons the present period of fear sees more ominously dangerous to speech and press than was that of the Alien and Sedition Laws Suppressive laws and practices are the fashion
The Oklahoma 399 oath statute is but one manifestation of a national network A of laws aimed at coercing and controlling the minds of men
Test oaths are notorious tools of tyranny
When used to shackle the mind they are or at least they should be unspeakably odious to a free people
Test oaths are made still more dangerous when combined with bills of attainder which like this Oklahoma statute impose pains and penalties for past lawful associations and utterances
Governments need and have ample power to punish treasonable acts But it does not follow that they must have a further power to punish thought and speech as distinguished from acts
Our own free society should never forget that laws which stigmatize and penalize thought and speech of the unorthodox have a way of reaching ensnaring and silencing many more people than at first intended
We must have freedom of speech for all or we will in the long run have it for none but the cringing and the craven
And I cannot too often repeat my belief that the right to speak on matters of public concern must be wholly lost
It seems self evident that all speech criticizing government rulers and challenging current beliefs may be dangerous to the status quo
With full knowledge of this danger the Framers rested our First Amendment on the premise that the slightest suppression of thought speech press or public assembly is still more dangerous
This means that individuals are guaranteed an undiluted and unequivocal P right to express themselves on questions of current public interest
It means that Americans discuss such questions as of right and not on sufferance of legislatures courts or any other governmental agencies
It means that courts are without power to appraise and penalize utterances upon their notion that these utterances are G dangerous
In my view this uncompromising interpretation of the Bill of Rights is the one that must prevail if its freedoms are to be saved
Tyrannical totalitarian governments cannot safely allow their people to speak with complete 400 freedom
I believe with the Framers that our free Government can
In another loyalty oath case Garner vs Board of Public Works l Douglas J had this to say Here the past conduct for which punishment is exacted is single advocacy within the past five years of the overthrow of the Government by force and violence
In the other cases the acts for which Cummings and Garland stood condemned covered a wider range and involved some conduct which might be vague and uncertain
But those differences seized on here in hostility to the constitutional provisions are wholly irrelevant
Deprivation of a man s means of livelihood by reason of past conduct not subject to this penalty when committed is punishment whether he is a professional man a day labourer who works for private industry or a Government employee
The deprivation is nonetheless unconstitutional whether it be for one single past act or a series of past acts   Petitioners were disqualified from office not for what they are today not because of any program they currently espouse cf
Grende vs Board of Supervisors  not because of standards related to fitness for the office cf Dcnt vs West Virginia   Hawker vs New York   but for what they once advocated  
In the same case Frankfurter J Observed The needs of security do not require such curbs on what may well be innocuous feelings and associations
Such curbs are indeed self defeating
They are not merely unjustifiable restraints on individuals
They are not merely productive of an atmosphere of repression uncongenial to the spiritual vitality of a democratic society
The inhibitions which they engender are hostile to the best conditions for securing a high minded and high spirited public service
 In Lerner vs Casey a Douglas J said 401 We deal here only with a matter of belief
We have no evidence in either case that the employee in question ever committed a crime ever moved in treasonable opposition against this country
The only mark against them if it can be called such is a refusal to answer questions concerning Communist Party membership
This is said to give rise to doubts concerning the competence of the teacher in the Beilan case and doubts as to the trustworthiness and reliability of the subway conductor in the Lerner case  There are areas where government may not probe But government has no business penalizing a citizen merely for his beliefs or associations
It is government action that we have here
It is government action that the Fourteenth and First Amendments protect against  
Many join association societies and fraternities with less than full endorsement of all their aims
 In Speiser vs Randall 1 Black J said This case offers just another example of a wide scale effort by Government in this country to impose penalities and disabilities on everyone who is or is suspected of being a Communist  or who is not ready at all times and all places to swear his loyalty to State and Nation
I am convinced that this whole of business of penalizing people because of their views and expressions concerning Government is hopelessly repugnant to the principles of Freedom upon which this Nation was founded 
Loyalty oaths as well as other contemporary security measures  tend to stifle all forms of unorthodox or unpopular thinking or expression the kind of thought and expression which has played such a vital and beneficial role in the History of this Nation
The result is a stultifying conformity which in the end may well turn out to be more destructive to our free society than foreign agents could ever hope to be In the same case Douglas J said 402 Advocacy which is in no way brigaded with action should always be protected by the First Amendment
That protection should extend even to the ideas we despise
As Mr Justice Holmes wrote in dissent in Gitlow
vs New York
l If in the long run the beliefs expressed in proletarian dictatorship are destined to be accepted by the dominant forces of the community the only meaning of free speech is that they should be given their chance and have their way 
It is time for government state or federal to become concerned with the citizen s advocacy when his ideas and beliefs move into the realm of action
We may end our excursion to the United States of America with a reference to the words of wisdom uttered by Thomas Jefferson more than two centuries ago  the opinions of men are not the object of civil government nor under its jurisdiction it is time enough for the rightful purposes of civil government for its officers to interfere when principles break out into overt acts against peace and good order
 We are not for a moment suggesting that even after entry into Government service a person may engage himself in political activities
All that we say is that he cannot be turned back at the very threshold on the ground of his past political activities
Once he becomes a Government servant he becomes subject to the various rules regulating his conduct and his activities must naturally be subject to all rules made in conformity with the Constitution
Let us once more remained ourselves of what Gurudev Rabindranath Tagore said Where the mind is without fear and the head is held high where knowledge is free 403 Where the clear stream of reason has not lost its way into the dreary desert sand of dead habit Where the mind is led forward by thee into ever widening thought and action let my country awake
The application is dismissed
PBR Petition dismissed


Summary:
Consequent upon the taking over by the Government of the municipal school in which the respondent worked as a teacher he was absorbed in Government service
The order stated that his absorption in Government service was subject to verification of his antecedents
Sometime later on the basis of the report of the Superintendent of Police that before being absorbed in Government service the respondent had taken part in RSS and Jan Sangh activities his services were terminated on the ground that he was not a fit person to be entertained in Government service
On the view that the order of termination of his service was of a punitive character passed without complying with the provisions of article 311 of the Constitution the High Court quashed that order
Dismissing the special leave petition under article 136 of the Constitution  HELD per section Murtaza Fazal Ali J
The special leave petition should be dismissed in limine
394 H per o Chinnappa Reddy J
The respondent cannot be turned back at the very threshold on the ground of his past political activities
Once he becomes a Government servant a he becomes subject to the various rules regulating his conduct and his activities must naturally be subject to all rules made in conformity with the Constitution
402 E P The determination of the people of this country to constitute India into a democratic republic and to secure to all its citizens liberty of thought expression
belief faith and worship Equality of status and opportunity has been written into the articles of the Constitution in the shape of fundamental 394 rights and they are what makes India a democratic republic and what marks India from authoritarian or police states
The right to form associations and unions among other rights is declared as a fundamental right yet the State Government sought to deny employment to him on the ground that the report of a police officer stated that he once belonged to some political organisation
395 F H The action sought to be taken against the respondent was not any disciplinary action on the ground of his present involvement in political activities contrary to some service conduct rule nor was there any allegation that he ever participated in any illegal or subversive activity or that he was a perpetrator of violent deeds
All that was said was that before he was absorbed in Government service he had taken part of RSS and Jan Sangh activities
What those activities were had never been disclosed
Neither the RSS nor the Jan Sangh was alleged to be engaged in any subversive or other illegal activities nor were they banned organisations
Most people may not agree with the programme and philosophy of the Jan Sangh or RSS but that is irrelevent
Everyone is entitled to his thought and views
Members of these organisations continue to be members of Parliament and State legislatures
They are heard often with respect both inside and outside the Parliament
395 H 396 A D The whole idea of seeking a police report on the political faith and the past political activity of a candidate for public employment appears to cut at the very root of the fundamental rights of equality of opportunity in the matter of employment and freedom of association
It offends the fundamental rights guaranteed by articles 14 and 16 of the Constitution to deny employment to an individual because of his past political affinities unless such affinities are considered likely to affect the integrity and efficiency of the individual s service
397 D E Wieman vs Updegraff   Speisar vs Randall   referred to