COMMON CAUSE versus UNION OF INDIA

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

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Parties

Common Cause

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition (civil) / Interlocutory Order With Directions

  1. 1 Whether use of public funds for government advertisements projecting personalities, parties, or particular governments violates Articles 14 and 21 of the Constitution
  2. 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.