INDIAN EXPRESS NEWSPAPERS (BOMBAY) PRIVATE LTD. & ORS. ETC. ETC. versus UNION OF INDIA & ORS. ETC. ETC .

INDIAN EXPRESS NEWSPAPERS (BOMBAY) PRIVATE LTD. & ORS. ETC. ETC. versus UNION OF INDIA & ORS. ETC. ETC .

The imposition of customs duty and auxiliary duty on imported newsprint, insofar as it transgresses into the field of freedom of speech and expression and stifles that freedom, is unconstitutional. The Government is duty bound to reconsider the levy in light of relevant considerations affecting the newspaper industry, and classifications which are irrational and discriminatory violate Article 14.

Parties
Petitioner: Indian Express Newspapers (Bombay) Private Ltd. & Ors. etc. etc.; Respondent: Union of India & Ors. etc. etc.
Jurisdiction
India
Judgment Date
06 December 1984
Procedural Posture
Writ Petition / Final Judgment
Outcome
petitions allowed
Legal Topics
Freedom of Speech and Expression, Freedom of Press, Customs Duties, Newspaper Industry, Classification Under Article 14, Taxation and Fundamental Rights
Constitutional Law Taxation Law Freedom of Speech and Expression Freedom of Press Customs Duties Newspaper Industry Classification Under Article 14 Taxation and Fundamental Rights

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Parties

Indian Express Newspapers (Bombay) Private Ltd. & Ors. etc. etc.

Petitioner

Union of India & Ors. etc. etc.

Respondent

Procedural Posture

Writ Petition / Final Judgment

Legal Issues

  1. 1 Whether the imposition of customs duty and auxiliary duty on imported newsprint violates the freedom of speech and expression under Article 19(1)(a) of the Constitution of India.
  2. 2 Whether the classification of newspapers for purposes of levy of customs duty violates Article 14 of the Constitution.
  3. 3 Whether restrictions beyond those enumerated under Article 19(2) are permissible in the name of public interest.

Ratio Decidendi

The imposition of customs duty and auxiliary duty on imported newsprint, insofar as it transgresses into the field of freedom of speech and expression and stifles that freedom, is unconstitutional. The Government is duty bound to reconsider the levy in light of relevant considerations affecting the newspaper industry, and classifications which are irrational and discriminatory violate Article 14.

Court Disposition

petitions allowed

Orders

  • Government of India shall reconsider within six months the entire question of levy of import duty or auxiliary duty payable on newsprint used for printing newspapers, periodicals etc. with effect from March 1, 1981.
  • Petitioners and others engaged in newspaper business shall provide all necessary information to the Government for deciding.