COMMON CAUSE versus UNION OF INDIA

COMMON CAUSE versus UNION OF INDIA

Government advertisements funded by public money should not project individual government functionaries or political parties beyond legitimate government messaging. The Court accepts most of the Committee's guidelines, except for those permitting the publication of photographs of functionaries (except President, Prime Minister, Chief Justice who may decide), appointment of Ombudsman, performance audit by ministries, and advertising embargo during elections. Directions are issued under Article 142 and gaps should be filled by the Executive.

Parties
Petitioner: Common Cause; Respondent: Union of India
Jurisdiction
India
Judgment Date
13 May 2015
Procedural Posture
Writ Petition (civil) / Final Judgment
Outcome
Guidelines partially accepted and directions issued under Article 142
Legal Topics
Government Advertisement Regulation, Article 142 Enforcement, Public Funds Misuse, Guidelines on Government Publicity
Constitutional Law Administrative Law Government Advertisement Regulation Article 142 Enforcement Public Funds Misuse Guidelines on Government Publicity

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Common Cause

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition (civil) / Final Judgment

Legal Issues

  1. 1 Whether government advertisements using public funds to project individual functionaries or political parties are permissible under the Constitution
  2. 2 Whether guidelines should be laid down to regulate government advertisement content to prevent misuse of public funds

Ratio Decidendi

Government advertisements funded by public money should not project individual government functionaries or political parties beyond legitimate government messaging. The Court accepts most of the Committee's guidelines, except for those permitting the publication of photographs of functionaries (except President, Prime Minister, Chief Justice who may decide), appointment of Ombudsman, performance audit by ministries, and advertising embargo during elections. Directions are issued under Article 142 and gaps should be filled by the Executive.

Court Disposition

Guidelines partially accepted and directions issued under Article 142

Orders

  • Committee recommendations on government advertisement regulation accepted except in respect of publication of photographs of functionaries, Ombudsman, performance audit, and advertisement embargo during elections.
  • Remaining Committee recommendations adopted to guide government action until legislation is made.