Case Summary: Indian Express Newspapers (Bombay) Pvt. Ltd. vs Union of India (1984)
📅 Date of Decision: 06-12-1984
🏛️ Court: Supreme Court of India (Full Bench)
👨⚖️ Judges: O. Chinnappa Reddy, J; E.S. Venakataramiah, J; A.P. Sen, J
⚖️ Final Decision: Allowed
📜 Citations: AIR 1986 SC 515; (1985) 1 SCC 641
📂 Case No: Writ Petitions Nos. 2656-60, 2935-2952, 3402, 3467, 3595, 3600-03, 3608, 3632, 3653, 3661, 3821, 3890-93, 4590-93, 4613-15, 5222, 5576, 5600-02, 5726-27, 7410, 8459-62, 8825, 8944 of 1981, 1325 of 1982, 470-72 of 1984, T.C. Nos. 23 of 1983 & 23 of 1984 and W.P. Nos. 3114-17, 3392-93, 3853 & 6446-47 of 1981
[Judgment Source]
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Facts of the Case
The petitioners, consisting of newspaper companies, shareholders, and employees, challenged the imposition of customs duty and auxiliary duty on imported newsprint under Section 12 of the Customs Act, 1962, read with the Customs Tariff Act, 1975, and Finance Act, 1981. They argued that this levy directly curtailed the freedom of speech and expression under Article 19(1)(a) by raising newspaper prices and reducing circulation. The classification of newspapers into small, medium, and large for duty purposes was also challenged as arbitrary under Article 14.
Law Points Raised
1. Whether the imposition of customs duty on newsprint violates Article 19(1)(a) of the Constitution.
2. Whether classification into small, medium, and large newspapers for differential duty violates Article 14.
3. Whether the levy is excessive and unreasonable given the economic burden and inflationary context.
4. Whether Executive discretion in fixing rates under Section 25 of the Customs Act permits arbitrary interference.
Acts / Provisions / Articles Referred
• Constitution of India, 1950 — Articles 10, 13(3), 14, 142, 143, 19(1)(a), 19(1)(g)
• Customs Act, 1962 — Sections 12, 14, 159, 2, 25
• Customs Tariff Act, 1975 — Section 2
• Delhi Municipal Corporation Act, 1957 — Section 150
Judgements Referred
• Bennett Coleman & Co. vs Union of India (1972)
• Sakal Papers (P) Ltd. vs Union of India (1962)
Obiter Dicta
The Court recognized that while the State can levy taxes in public interest, such measures must not disproportionately restrict the press's freedom. Economic measures indirectly limiting expression are subject to judicial review.
Ratio Decidendi
The imposition of customs duty on newsprint, in the prevailing economic context, constituted an unreasonable restriction on the freedom of speech and expression under Article 19(1)(a). Differential classification lacked a rational nexus with the object sought to be achieved, violating Article 14.
Final Ruling
The Supreme Court struck down the levy of customs duty and auxiliary duty on imported newsprint as unconstitutional. It held that press freedom includes the right to circulate without unjustifiable financial burdens.
Relevant Paragraph Numbers
Paras: 4, 5, 8, 14, 27, 35, 42, 56, 67
Summary
This landmark judgment reaffirmed that fiscal measures affecting the press are subject to constitutional scrutiny. Any levy that disproportionately impacts circulation and accessibility of newspapers will be considered a violation of Article 19(1)(a). The case stands as a strong precedent for protecting freedom of the press from indirect economic restrictions.
[Judgment Source]
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