Sakal Papers Ltd vs Union of India

The Sakal Papers Ltd vs Union of India case is a landmark judgement that reaffirmed the fundamental right to freedom of speech and expression, including the freedom to publish and circulate newspapers. The Court struck down the Newspaper (Price and Page) Act, 1956 and the Order of 1960, holding them unconstitutional as they infringed upon the rights guaranteed under Articles 19(1)(a) and 19(1)(g) of the Constitution. This case underscores the importance of protecting the press’s freedom from excessive governmental interference and ensuring a free and fair marketplace of ideas.

Facts of Sakal Papers Ltd vs Union of India

The petitioner, Sakal Papers Ltd., is a private company that publishes newspapers, specifically a Marathi daily newspaper named Sakal. The newspaper had a unique pricing and page allocation strategy. It consisted of six pages for five days a week and four pages on one day, priced at 7 naya paisa (np). The Sunday edition, with ten pages, was priced at 12 np. Sakal allocated 40% of its space to advertisements, with the remaining space dedicated to news, articles and other content.

In 1952, the Indian Government appointed a Press Commission to address issues concerning the press. This commission formulated a report with specific recommendations, leading to the enactment of the Newspaper (Price and Page) Act, 1956 and a subsequent Order in 1960. According to these regulations, newspaper companies were required to charge prices based on the number of pages they published. If a newspaper published more pages, it had to charge more. Additionally, the Act and the Order prescribed the areas for advertisements and allocated space for them. They also regulated the number of supplements that could be published.

Sakal Papers Ltd., along with two other petitioners, filed a writ petition challenging the Act and the Order. They contended that these regulations violated their rights under Article 19(1)(a) of the Indian Constitution, which guarantees the freedom of speech and expression.

Issues Raised

The following issues were raised in Sakal Papers Ltd vs Union of India:

1. Whether the Freedom of Speech and Expression includes the Freedom of Publishing and Circulation.
2. Whether the impugned Act and Order violate the rights of the petitioners guaranteed under Article 19(1)(a) of the Constitution.

Arguments on Behalf of the Petitioner

The petitioner in Sakal Papers Ltd vs Union of India argued that enforcing the Act and the Order would violate Article 19(1)(a) of the Constitution. They contended that to maintain the same number of pages, they would either have to increase their selling price or reduce the number of pages, which would curtail the news content. Both options would adversely affect the circulation of the newspaper and violate their right under Article 19(1)(g) of the Constitution, which guarantees the freedom to practice any profession or to carry on any occupation, trade or business.

They further in Sakal Papers Ltd vs Union of India argued that the government’s restrictions on the required supplements for publication interfered with their freedom of speech and expression. The petitioner also claimed that the Act and the Order were arbitrary and violated Article 14 of the Constitution, as they favoured some newspapers over others.

Arguments on Behalf of the Respondent

The respondent in Sakal Papers Ltd vs Union of India contended that the Act and the Order aimed to regulate unfair competition among newspapers and curb monopolistic practices. They argued that large newspaper companies could control prices due to economies of scale, forcing newer and smaller companies out of the market.

The respondent maintained that the provisions of the Act were intended to maximise the information made available to the public and did not aim to restrict the fundamental rights of the petitioner. They justified their actions as necessary restrictions on business activities in the public interest.

The respondent in Sakal Papers Ltd vs Union of India alleged that established newspapers, like the petitioner’s, had larger advertising expenditures because they published more pages with more advertisement space. This put them in an advantageous position, obstructing the entry of new newspaper companies and hindering their right to freedom of speech and expression.

Sakal Papers Ltd vs Union of India: Court’s Observations

The Indian courts have consistently held that the freedom of speech includes the freedom of publication, i.e., dissemination and circulation of information.

In Romesh Thapar vs. the State of Madras, the court held that “freedom of speech and expression includes freedom of propagation of ideas, ensured by freedom of circulation and the basis of all democratic organisations is the freedom of speech and expression, which is extremely important for its proper functioning.”

In Brij Bhushan vs. the State of Delhi, the government passed an order directing the editor and publisher to submit news for scrutiny related to communal matters and views about Pakistan. The court observed and held that pre-censorship and any prohibition on publication would violate Article 19(1)(a) of the Constitution unless justified under Article 19(2).

In Virendra vs. State of Punjab, Section 3 of the Punjab Special Powers (Press) Act was challenged. It authorised the government to prohibit any publication prejudicial to communal order. The court held the section unconstitutional and unreasonable as it neither placed any limit on the operation nor provided any representation against it.

In Express Newspapers vs. Union of India, the court held that “measures calculated to curtail the circulation of information would breach Article 19(1)(a) of the Constitution, thus restricting the scope of information dissemination or restricting its freedom to choose the means to exercise the right to freedom of speech and encouraging it to seek government assistance.”

Sakal Papers Ltd vs Union of India Judgement

The Court held that citizens’ rights to propagate their ideas include the right to publish, disseminate and circulate information. Citizens can propagate either orally or in writing and thus the right to propagate falls under the ambit of the Right to Freedom of Speech and Expression.

The Court observed that before the impugned Act and Order, newspaper companies were free to set their prices. However, the Act and Order interfered with this liberty. Agreeing with the petitioner, the Court noted that even a slight increase in prices or reduction in pages would affect the newspaper’s circulation, hampering the freedom of speech and expression as per Article 19(1)(a) of the Constitution. The Court further held that the Act and Order also limited the allocation of advertisement space, reducing the newspaper’s price and thus violating Article 19(1)(a).

The Court stated that Article 19(2) of the Constitution does not permit the government to curtail the right to freedom of speech and expression on the grounds of benefiting the general public or a certain section of the public unless justified. Regarding the right under Article 19(1)(g), the Court held that while the State can restrict the right to any business for public interest, it cannot do so absolutely if it directly and immediately curtails the constitutionally guaranteed freedom. In this case, regulating advertising space and prices directly and immediately curtailed freedom.

After considering all the above points and case laws, the Hon’ble Supreme Court declared the Newspaper (Price and Page) Act, 1956 and the Order of 1960 unconstitutional. The Court unequivocally held that “the publication of newspapers not only pertained to freedom of speech and expression but also conduct a business according to Article 19(1)(g), which essentially implied reasonable restrictions on the newspaper business.”

Sakal Papers Ltd vs Union of India Case Summary

In the 1962 case of Sakal Papers Ltd vs. Union of India, the Supreme Court of India examined the constitutionality of the Newspaper (Price and Page) Act, 1956 and its 1960 Order, which regulated the pricing and page limits of newspapers to control advertising space.

Sakal Papers Ltd., a Marathi newspaper, argued that these regulations violated their freedom of speech and expression under Article 19(1)(a) and their right to conduct business under Article 19(1)(g). The Court held that the Act and Order curtailed the freedom of speech by restricting newspaper content and circulation, deeming them unconstitutional. This landmark judgement reinforced the essential role of press freedom in a democratic society.