STATE OF KARNATAKA v COMMON CAUSE AND ORS. ETC. ETC.
- Status
- Judgment
- Jurisdiction
- India
- Posture
- Review Petition (civil) Nos. 1879 1881 of 2015 and Connected Matters / Review of Supreme Court Final Order Dated 13.05.2015
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Research organized from the available case record
01
Holding and result
The Court, upon review, extended the exception previously allowed for publication of photographs in Government advertisements to include Governors, Chief Ministers, and Departmental Ministers, in addition to the President, Prime Minister, and Chief Justice, subject to authorities concerned making the decision. All other directions of the earlier order remain in force.
Court disposition
Review petitions disposed of with modifications to the earlier order
Orders
- Exception carved out in paragraph 23 of judgment dated 13.05.2015 permitting publication of photographs of President, Prime Minister, and Chief Justice of India is extended to include the Governors and Chief Ministers of States.
- In lieu of photograph of the Prime Minister, Cabinet Minister/Minister In-charge of concerned Ministry may be published if desired.
- In States, Cabinet Minister/Minister In-charge may be published in lieu of Chief Minister if desired.
- All other directions in the judgment dated 13.05.2015 remain in force subject to above modifications.
02
Material facts
Parties
State of Karnataka
Petitioner Counsel: Mukul Rohatgi, Madhu Sudan Naik, C. D. Singh, Krishna Sarma, S.S. Shamshery, T.R. Andhiyarujina, Kailash Vasdev, Kapil Sibal, Rakesh Dwivedi, Dinesh Dwivedi, Gopal Jain, Vikas Singh, Subramonium Prasad, Joseph Aristotle S., Priya Aristotle, M.B. Elakkumanan, Soumitra G. Chaudhuri, Umraon Singh Rawat, Parijat Sinha, Meenakshi Shanna, Navnit Kumar, Bamali Das, Vartika Walia, M. Yogesh Kanna, Jayant Patel, Prateek Dwivedi, Krishan Mishra, Yasharth Kant, Abhisth Kumar, Manish S. Srivastava, Nishant Singh, Abhishek Kumar Singh, Sanjeeb Panigrahi, Stephanie Sonanane, Prajnashree Purohit, Prashant Bhushan, Rohit Kumar Singh, O. Kuttan, Ramesh K. Mishra, Meera Bhatia, Balraj Dewan, Vinita, M. M. Kashyap, Shalinder Saini, D.S. Mahra, Madhavi Divan, Nidhi Khanna, Shreekant N. Terdal, Sandeepan Pathak, Saumya Kalra, Shashi Juneja, K. V. Mohan, V. Tiwari, Siddhartha Dave, Chirag M. Shroff, Rohit Kumar, Siddharth Bhatnagar, Sidharth Mohan, Garima Tiwari, Nirnimesh Dube, Amit Sharma, S. Spandana Reddy, Ishu Prayas, Harshvardhan Singh Rathore, Ruchi Kohli, Aman Panwar, Mudit Gupta, L.R. SinghCommon Cause and Ors.
Respondents03
Procedural history
Posture
Review Petition (civil) Nos. 1879 1881 of 2015 and Connected Matters / Review of Supreme Court Final Order Dated 13.05.2015
04
Questions and positions
Legal issues
Whether publication of photographs of additional functionaries (Governors, Chief Ministers, Cabinet Ministers) in Government advertisements should be permitted.
Party arguments
- Applicant
- The petitioners sought modification of the original judgment to permit publication of photographs of Governors, Chief Ministers, and Cabinet Ministers in Government advertisements beyond those originally permitted.
- Respondent
- Respondents argued to maintain restrictions to prevent misuse of government advertisements for publicity of political leaders.
05
Court’s reasoning
Legal principles
- 01
Supreme Court judgment dated 13.05.2015 in W.P.(C) Nos. 13/2003, 197/2004 & 302/2012
Government advertisements should not promote individual political leaders unless exceptions are expressly allowed by the Court.
06
Ratio, limits and disposition
Ratio decidendi
The Court, upon review, extended the exception previously allowed for publication of photographs in Government advertisements to include Governors, Chief Ministers, and Departmental Ministers, in addition to the President, Prime Minister, and Chief Justice, subject to authorities concerned making the decision. All other directions of the earlier order remain in force.
Court disposition
Review petitions disposed of with modifications to the earlier order
- Exception carved out in paragraph 23 of judgment dated 13.05.2015 permitting publication of photographs of President, Prime Minister, and Chief Justice of India is extended to include the Governors and Chief Ministers of States.
- In lieu of photograph of the Prime Minister, Cabinet Minister/Minister In-charge of concerned Ministry may be published if desired.
- In States, Cabinet Minister/Minister In-charge may be published in lieu of Chief Minister if desired.
- All other directions in the judgment dated 13.05.2015 remain in force subject to above modifications.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
[2016] 2 S.C.R. 902
A
B
STATE OF KARNATAKA
v.
COMMON CAUSE AND ORS. ETC. ETC.
(Review Petition (C) Nos.1879-1881 of2015)
MARCH 18, 2016
[RANJAN GOGOi AND PINAKI CHANDRA GROSE, JJ.]
Public Interest Litigation - Governmem advertisements - Publication of photographs of functionaries - Modification in the earlier order permitting publication of photographs of President. C Prime Minister and Chief Justice of the country in the Government Advertisements - Permission extended to publish pholographs of the Governors and the Chief Ministers of the Stale and Ministers - Review.
CIVIL APPELLATE JURISDICTION: Review Petition (C) Nos.
D 1879-1881 of2015 in W. P. (c) Nos. 13/2003, 197/2004 & 302/2012.
WITH
REVIEW PETITION (C) NO. 1876-1877 OF 2015 IN W. P. (C) NO. 197 OF 2004 REVIEW PETITION (C) NO. 1834 OF 2015 IN W. P. (C) NO. 197 OF 2004 REVIEW PETITION (C) NO. 2703-2705 OF 2015 IN W. P. (C) NOS. 13/2003, 197 /2004 & 302/2012 REVIEW PETITION (C) NO. 3191-3193 OF 2015 IN W. P.(C)NOS. 13/2003, 197/2004,&302/2012 REVIEW PETITION (C) NO. 3275-3277 OF 2015 IN
. W. P. (C) NOS. 13/2003, 197 /2004, & 302/2012
REVIEW PETITION (C) NO. 3259 OF 2015 IN W. P. (C) NO. 197/2004 REVIEW PETITION (C) NO. 3674-3676 OF 2015 IN W. P. (C) NOS. 13/2003, 197/2004, & 302/2012 REVIEW PETITION (C) NOS. 123-125 OF 2016 IN W. P. (C) NOS. 13/2003, l 97 /2004, & 302/2012 From the Judgment and Order dated 13.05.2015 of the Hon 'ble
902
E
F
G
H
STATE OF KARNATAKA v. COMMON CAUSE AND ORS. ETC. ETC.
903
Court in Writ Petition (C) No. 13 of2003 with Writ Petition (C) No. 197 A of2004 and Writ Petition (C) No. 302 of2012.
Mukul Rohatgi, AG, Madhu Sudan Naik, Adv.Gen. C. D. Singh, Addi. Adv .. Gen. Krishna Sarma, S.S. Shamshery, AAGs, T.R. Andhiyarujina, Kailash Vasdev, Kapil Sibal, Rakesh Dwivedi, Dinesh Dwi,·edi, Gopal Jain, Vikas Singh, Sr. Advs: Subramonium Prasad, Sr. B .Adv.AAG, Joseph Aristotle S., Mrs. PriyaAristotle, M.B. Elakkumanan, Soumitra G. Chaudhuri, Umraon Singh Rawat, Parijat Sinha, Ms. Meenakshi Shanna, Navnit Kumar, Ms. Bamali Das, Ms. Vartika Walia, (for Mis Corporate Law Group), M. Yogesh Kanna, Jayant Patel, Prateek Dwivedi, Krishan Mishra, Yasharth Kant, Abhisth Kumar, Manish S. C Srivastava, Nishant Singh, Abhishek Kumar Singh, Sanjeeb Panigrahi, Mr./Ms. Stephanie Sonanane, Prajnashree Purohit, Prashant Bhushan, Roh it Kumar Singh, 0. Kuttan, Ramesh K. Mishra, Ms. Meera Bhatia, Balraj Dewan, Ms. Vinita, M. M. Kashyap, Shalinder Saini, D.S. Mahra, Ms. Madhavi Divan, Ms. Nidhi Khanna, ShreekantN. Terdal, Sandeepan D Pathak, Ms. Saumya Kalra, Ms. Shashi Juneja, K. V. Mohan, V. Tiwari, Siddhartha Dave, Chirag M. Shroff, Rohit Kumar, Siddharth Bhatnagar, Sidharth Mohan, Ms. Garima Tiwari, Nirnimesh'Dube, Amit Sharma, Ms. S. Spandana Reddy, lshu Prayas, Harshvardhan Singh Rathore, Ms. Ruchi Kohli, Aman Panwar, Mudit Gupta, L.R. Singh, Advs. for the appearing parties.
. E
Petitioner-in-person
The following Order of the Court was delivered
ORDER
I. We have heard the learned counsels for all the contesting parties. Upon due consideration, we review our judgment dated 13'" May,2015 passed in Writ Petition (Civil) No.13 of2003, Writ Petition (Civil) No.197 of2004 and Writ Petition (Civil) No.302of2012 to the extent indicated below:
(i)
The exception carved out in paragraph 23 of the aforesaid judgment dated 13•" May, 2Q 15 pennitting the publication of the photographs of the President, Prime Minister and Chief Justice of the country, subject to the said authorities themselves deciding the question, is now extended to the Governors and the Chief Ministers of the States.
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G
904
SUPREME COURT REPORTS
[2016] 2 S.C.R.
A
(ii)
In lieu of the photograph of the Prime Minister, the photograph of the Departmental (Cabinet) Minister/Minister In-charge of the concerned Ministry may be published, if so desired.
B
C ·
(iii)
In the States, similarly, the photograph of the Departmental (Cabinet) Minister/Minister In-charge in lieu of the photograph of the Chief Minister may be published, if so desired.
(iv) All othe~ observations/directions in the aforesaid judgment ·dated 13'' May, 20 I 5 shall continue to remain in force subject to.the above modification.
2. The review petitions are disposed of in the above terms.
Nidhi Jain
ReYie\Y Petitions are disposed of.
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