Note-Books (Prohibition) Act, 1980


(Prohibition) Act, 1980

(b) of Section 2-Note-Book” means any printed book that contains notes,
annotations, explanations, comments, references, answers or solutions to any
question of any Text-Book. Since freedom of speech and expression and freedom
of the press mean expression of idea of any sort, restriction on the publication
of “Note-Books” necessarily means restriction on that right of a citizen
guaranteed by clause (2) of Article 39 of the Constitution. The Act in its
entirity is ultra vires of Article 39(2) of the Constitution and is struck down
as unconstitutional.

Dewan Abdul
Kader alias Mustafa Kamal and others Vs. Government of Bangladesh, represented
by the Secretary, Ministry of Law and Parliamentary Affairs and others, 14 BLD (HCD)

Alma Lovell Vs. City of Griffin, 82 Lawyers’ Edition, October Term, 1937, U.S.
303; Romesh Thappar Vs. State of Madras, AIR 1950(SC) 124; Express Newspapers
Ltd. V .The Union of India,AIR 1 958(SC)578-Cited