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Dramatic Perfomances Act, 1876 is Ultra vires!

A division Bench of the Allahabad High Court in State v. Baboo Lal (A.I.R. 1956 All-571) has held that the whole Dramatic Performances Act, 1876, is ultra vires of the Constitution of India, because its procedural part imposes such restrictions on the right of freedom of speech and expression which can not be covered by the saving clause in Art. 19(2) of the Constitution.

Their Lordships have held that it has denied the essential minimum requirements of natural justice, namely the right to be heard before final condemnation, and the right to have the order reviewed and objectively determined by higher tribunal judicial or otherwise. (Harman singh Arjan Singh V. Panjab State, A.I.R. 1958 Punj. 243 at p.244.)

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