The Secretary, Ministry Of ... vs Cricket Association Of Bengal & ... on 9 February, 1995
started and compel the press to Government aid. This would violate Article 19 [1] (a) and would fall
outside the protection afforded by Article 19 [2]. The First Amendment to the American Constitution
contains no exception like our Article 19 [2]. Therefore, American decisions have evolved their own
exceptions. The American decisions establish that a Government regulation is justified in America
as an important essential Government interest which is unrelated to the suppression of free
expression. The true test is whether the effect of the impugned action is to take away or abridge
fundamental rights. The object of the law or executive action is irrelevant when it is established that
the petitioner's fundamental right is infringed.
13. In Indian Express Newspapers (Bombay) Pvt. Ltd. & Ors. v. Union of India & Ors. [(1985) 1 SCC
641 ], the Court held that the expression "freedom of the press" has not been used in Article 19, but
it is comprehended within Article 19 [1]
(a). This expression means a freedom from interference from authority which would have the effect
of interference with the content and circulation of newspapers. There cannot be any interference
with that freedom in the name of public interest. The purpose of the press is to advance the public
interest by publishing facts and opinions without which democratic electorate cannot make
responsible judgments. Freedom of the press is the heart of social and political intercourse. It is the
primary duty of the Courts to up- ,,hold the freedom of the press and invalidate all laws or
administrative actions which interfere with it contrary to the constitutional mandate. The freedom
of expression has four broad social purposes to serve: [i] it helps an individual to attain self
fulfilment, [ii] it assists in the discovery of truth, [iii] it strengthens the capacity of an individual in
participating in decision-making and [iv] it provides a mechanism by which it would be possible to
establish a reasonable balance between stability and social change. All members of the society
should be able to form their own beliefs and communicate them freely to others. In sum, the
fundamental principle involved here is the people's right to know. Freedom of speech and
expression should, therefore, receive a generous support from all those who believe in the
participation of people in the administration. It is on account of this special interest which society
has in the freedom of speech and expression that the approach of the Government should be more
cautious while levying taxes on matters concerning newspaper industry than while levying taxes on
other matters.The Courts are there always to strike down curtailment of freedom of press by
unconstitutional means. The delicate task of determining when it crosses from the area of
profession, occupation, trade, business or industry into the area of freedom of expression and
interferes with that freedom is entrusted to the Courts. In deciding the reasonableness of
restrictions imposed on any fundamental right the Court should take into consideration the nature
of the right alleged to have been infringed, the underlying purpose of the restrictions imposed, the
disproportion of the imposition and the prevailing conditions including the social values whose
needs are sought to be satisfied by means of the restrictions. The imposition of a tax like the custom
duty on news print is an imposition of tax on knowledge and would virtually amount to a burden
imposed on a man for being literate and for being conscious of his duty as a citizen to inform himself
of the world around him. The pattern of the law imposing custom duty and the manner in which it is
operated, to a certain extent, exposes the citizens who are liable to pay the custom duties to the
vagaries of executive discretion.
Indian Kanoon - http://indiankanoon.org/doc/539407/
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