COMMON CAUSE versus UNION OF INDIA
Existing DAVP guidelines address eligibility and rates for advertisements but do not regulate content or prevent political misuse of public funds; substantive guidelines are necessary to prevent abuse until the legislature enacts a law.
- Parties
- Petitioner: Common Cause; Respondent: Union of India
- Jurisdiction
- India
- Judgment Date
- 23 April 2014
- Procedural Posture
- Writ Petition (civil) / Interlocutory Order With Directions
- Outcome
- Matter adjourned; Committee constituted for guidelines.
- Legal Topics
- Government Advertisement Policy, Judicial Review, Public Funds Misuse, Guidelines for Government Advertising
Case Brief
Summary, issues, holding and outcome
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Parties
Common Cause
Petitioner
Union of India
Respondent
Procedural Posture
Writ Petition (civil) / Interlocutory Order With Directions
Legal Issues
- 1 Whether use of public funds for government advertisements projecting personalities, parties, or particular governments violates Articles 14 and 21 of the Constitution
- 2 Whether existing Government of India (DAVP) Advertisement Policy regulates such misuse
Ratio Decidendi
Existing DAVP guidelines address eligibility and rates for advertisements but do not regulate content or prevent political misuse of public funds; substantive guidelines are necessary to prevent abuse until the legislature enacts a law.
Court Disposition
Matter adjourned; Committee constituted for guidelines.
Orders
- A three-member Committee constituted to suggest guidelines regulating government advertisements to prevent misuse of public funds for political mileage.
- Committee to submit guidelines to Supreme Court within three months.
Full Case Text
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