Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Administrative Law: c Advertisement policy of Government of India |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Administrative Law: Advertisement policy of Government of India - Judicial review of - Advertisement by Government using public funds - Writ petition for laying down guidelines - Held: DAVP guidelines, which are available in the public domain, only deal with eligibility and empanelment of newspapers/journals or other media, their rates of payment, and such like matters - There is no policy or guideline to regulate the content of Government advertisements and to exclude possibility of any mala-fide use or misuse of public funds on advertisements in order to gain political mileage by political establishment - Although, prima-facie, it is not jurisdiction of Supreme Court, to examine what constitutes as "public purpose", the Court is duty bound to interfere whenever Government acts in a manner, which is unreasonable and contrary to public interest - Writ petitions challenge Government advertisements of political nature at the cost of public exchequer on the ground F that they are in violation of Arts. 14 and 21 of the Constitution - Since existing DAVP policy/guidelines do not govern the issues raised in instant writ petitions and do not lay down any criteria for advertisements to qualify for "public purpose" as opposed to partisan ends and political mileage, there is a need for substantive guidelines to be issued by Court until legislature enacts a law in this regard - Committee constituted to suggest guidelines and submit the same to the Court Constitution of India, 1950 - Arts. 14 and 21 - Government of India Advertisement Policy of 2007. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2014 INSC 313 |
Petitioner | Common Cause |
Respondent | Union Of India |
SCR | [2014] 5 S.C.R. 543 |
Judgement Date | 2014-04-23 |
Case Number | 13 |
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