A. N. RAY, K. K. MATHEW, M. H. BEG, P. JAGANMOHAN REDDY, S. M. SIKRI
Bennett Coleman And Company LTD. : Hindustan Times: Indian Express (Madurai) Private LTD. : G. Narasimhan – Appellant
Versus
Union Of India: Union Of India: Registrar Of Newspapers For India, New Delhi: Union Of India – Respondent
What is the legality of the Newsprint Policy (1972-73) and its provisions under Articles 19(1)(a) and 14? What is the proper test to determine whether a government regulation of a scarce resource infringes the freedom of speech and expression? What are the constitutional limits on government control of newsprint distribution and interchangeability between newspapers within common ownership units?
Key Points: - The Court held that the Newsprint Policy for 1972-73 violates Articles 19(1)(a) and 14 and is struck down. (!) (!) (!) - The judgment articulates the direct operation/impact test: focus on whether the action takes away or abridges the fundamental right of speech, not merely its object or subject matter. (!) (!) (!) - It criticizes the 10-page ceiling, reductions in circulation, and prohibitions on starting new newspapers within common ownership units as irrational, discriminatory, or unconstitutional. (!) (!) (!) - It discusses that regulation of a scarce commodity can be justified only if reasonably related to government objectives and not to abridge free speech. (!) (!) - The decision references Bank Nationalisation and Sakal/Express line of cases to support the locus standi of shareholders/editors and the direct effect approach. (!) (!) (!) - The majority notes that the policy is not grounded in a valid law authorizing such post-quota restrictions and is struck down for lack of lawful basis. (!) (!) (!) - The judgment emphasizes the positive obligation to educate and inform the public and to avoid monopolistic or discriminatory distribution of newsprint. (!) (!)
Judgment
RAY, J. :- (on behalf of S. M. Sikri, C.J.I, P. Jaganmohan Reddy, J. and himself) : These petitions challenge the Import Policy for Newsprint for the year April 1972 to March 1973. The Newsprint Policy is impeached as an infringement of fundamental rights to freedom of speech and expression in Article 19 (1) (a) and right to equality in Article 14 of the Constitution. Some provisions of the Newsprint Control Order 1962 are challenged as violative of Article 19 (1) (a) and Article 14 of the Constitution.
2. The import of newsprint is dealt with by Import Control Order, 1955 (referred to as the 1955 Import Order). The 1955 Import Order is made in exercise of powers conferred by Sections 3 and 4A of the Imports and Exports Control Act, 1947 (referred to as the 1947 Act). Section 3 of the 1947 Act speaks of powers of the Central Government to prohibit, restrict or otherwise control imports and exports. Section 4A of the 1947 Act contemplates issue or renewal of licences under the 1947 Act for imports and exports. Item 44 in Part V of Schedule I of the 1955 Import Order relates to newsprint. Newsprint is described as white printing paper (including water lined newsprint which con
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