BENNET COLEMAN & CO. & ORS. versus UNION OF INDIA & ORS.

BENNET COLEMAN & CO. & ORS. versus UNION OF INDIA & ORS.

The Newsprint Policy for 1972-73, through Remarks V, VII(a), VII(c), VIII, and X, imposed direct and unreasonable restrictions on the growth, circulation, and financial viability of newspapers, violating the freedom of speech and expression under Article 19(1)(a) and the right to equality under Article 14. The locus standi of shareholder petitioners is affirmed. The executive action is unconstitutional as it lacks legislative authority and discriminates among newspapers with no intelligible differentia. These provisions are liable to be struck down as unconstitutional.

Parties
Petitioner: Bennett Coleman & Co. & Ors.; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
30 October 1972
Procedural Posture
Constitutional Writ Petition Under Article 32 / Final Judgment
Outcome
Petitions allowed; impugned policy partly struck down as unconstitutional
Legal Topics
Freedom of Press, Equality Before Law, Validity of Policy, Emergency Provisions, Locus Standi of Shareholders
Constitutional Law Administrative Law Media Law Freedom of Press Equality Before Law Validity of Policy Emergency Provisions Locus Standi of Shareholders

Case Brief

Summary, issues, holding and outcome

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Parties

Bennett Coleman & Co. & Ors.

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Constitutional Writ Petition Under Article 32 / Final Judgment

Legal Issues

  1. 1 Whether petitioners, being companies, can invoke fundamental rights under Article 32
  2. 2 Whether Article 358 bars enforcement of fundamental rights during emergency for actions continuing from pre-emergency
  3. 3 Whether restrictions on newsprint import under Import Control Order 1955 and Newsprint Control Order 1962 violate Article 19(1)(a) and Article 14

Ratio Decidendi

The Newsprint Policy for 1972-73, through Remarks V, VII(a), VII(c), VIII, and X, imposed direct and unreasonable restrictions on the growth, circulation, and financial viability of newspapers, violating the freedom of speech and expression under Article 19(1)(a) and the right to equality under Article 14. The locus standi of shareholder petitioners is affirmed. The executive action is unconstitutional as it lacks legislative authority and discriminates among newspapers with no intelligible differentia. These provisions are liable to be struck down as unconstitutional.

Court Disposition

Petitions allowed; impugned policy partly struck down as unconstitutional

Orders

  • Remarks V, VII(a), VII(c), and VIII of the Newsprint Policy for 1972-73 struck down as violative of Articles 14 and 19(1)(a)
  • Prohibition in Remark X against common ownership units starting new newspapers or new editions struck down as violative of Article 19(1)(a)