TaxTMI 
TaxTMI 
2015 (5) TMI 1162
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....ssary information to the citizens with regard to various welfare and progressive measures as also their rights and entitlements, however, had contended that in the garb of communicating with the people, in many instances, undue political advantage and mileage is sought to be achieved by personifying individuals and crediting such individuals or political leaders (who are either from a political party or government functionaries) as being responsible for various government achievements and progressive plans. According to the petitioners such practice becomes rampant on the eve of the elections. Such advertisements not only result in gross wastage of public funds but constitute misuse of governmental powers besides derogating the fundamental rights of a large section of the citizens as guaranteed by Article 14 and 21 of the Constitution of India. 3. The writ petitions, filed as public interest litigations, were resisted by the Union of India primarily on the ground that the issues sought to be raised pertain to governmental policies and executive decisions in respect of which it may not be appropriate for this Court to lay down binding guidelines under Article 142. The decision of....
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....ttee may be usefully extracted hereinbelow:- "GUIDELINES ON CONTENT REGULATION OF GOVERNMENT ADVERTISING (1) These Guidelines shall be called the Government Advertisement (Content Regulation) Guidelines 2014. (2) They shall come into force with effect from...... 2. APPLICATION: (1) These Guidelines shall apply to all Government advertisements other than Classified Advertisements. (2) These Guidelines shall apply to the content of all Government Advertising till a suitable legislation is enacted by the Government to prevent the misuse of public funds on advertisements to gain political mileage as distinct from legitimate Government messaging. (3) These Guidelines shall apply to all - (a) institutions of Government; (b) public sector undertakings; (c) local bodies and other autonomous bodies/organizations established under a Statute. 3. DEFINITIONS: In these Guidelines unless the context otherwise requires: (a) "Classified Advertisements" include public notices, tenders, recruitment notices, statutory notifications. (b) "DAVP Guidelines" means the existing gui....
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....ives, or about dangers or risks to public health, safety or the environment. 6. THE FIVE PRINCIPLES OF CONTENT REGULATION: While placing advertisements or purchasing advertising space in any media, the Government shall be guided by the following principles, namely:- (1) Advertising Campaigns to be related to Government responsibilities: While it is the duty of the Government to provide the public with timely, accurate, clear, objective and complete information about its policies, programmes, services and initiatives since the public has a right to such information, the content of government advertisements should be relevant to the governments' constitutional and legal obligations as well as the citizens' rights and entitlements. ( 2) Advertisement materials should be presented in an objective, fair and accessible manner and be designed to meet the objectives of the campaign: (i) The material shall be presented in a fair and objective manner and shall be capable of fulfilling the intended objectives; (ii) Government shall exercise due caution while deciding the content, layout, size and design of the message including th....
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....e manner: (a) Since it is the responsibility of government to safeguard the trust and confidence in the integrity and impartiality of public services and hence it should be the policy of governments to use public funds in such a manner as to obtain maximum value for taxpayers' money; (b) Advertisement Campaigns must be justified and undertaken in an efficient and cost-effective manner; (c) The Government shall - (i) decide and announce beforehand, a list of personalities on whose birth or death anniversaries, advertisements could be released every year and specify which Ministry/Department could release the same; (ii) avoid the issue of multiple advertisements by different departments and PSUs of the same Government in Commemorative Advertisements and shall issue a single advertisement only; (d) Though advertising by governments should remain regulated all the time, it is particularly important to scrupulously follow these principles before and during the elections. As far as possible, during the period prior to elections, only those advertisements required by law (such as public health and safety advisories or job and contract ....
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....ble changes to the Guidelines to deal with new circumstances and situations. (4) The Government shall take necessary steps to initiate necessary legislation on the subject, given its importance for democracy, human rights and good governance." ******* Whether the guidelines recommended should commend acceptance and if so whether the same should be made operative and enforceable under Article 142 of the Constitution. 7. In the earlier order dated 23rd April, 2014, this Court, after holding that reasonableness and fairness consistent with Article 14 of the Constitution would be the ultimate test of all State activities proceeded to hold that the deployment of public funds in any Government activity which is not connected with a public purpose would justify judicial intervention. We would like to say something more. Part IV of the Constitution is as much a guiding light for the Judicial organ of the State as the Executive and the Legislative arms, all three being integral parts of the "State" within the meaning of Article 12 of the Constitution. Naresh Shridhar Mirajkar & Ors. Vs. State of Maharashtra & Ors. -AIR 1967 SC 1=(1966) 3 SCR 744 - Kesavanand....
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....ption to be felt by the citizens on the results achieved, such advertisements do have the effect of keeping the citizens informed of the government functioning and therefore would be permissible. Advertisements announcing projects: On an everyday basis both the Government at the Centre as well as in different States issue advertisements announcing events like laying of the foundation of different development projects or the inauguration of projects completed. In many of such advertisements the results obtained in the particular field covered by the advertisement and the plan/targets for the future are highlighted. Though such advertisements may look like a report card of the Government there is an element of informative content in such advertisements inasmuch as information is conveyed to the citizens as regards government programmes, policies and achievements. Advertisements issued on the occasion of birth/death anniversaries and such other events: Government advertisements are issued in the memory of great personalities who occupy a significant place in our history, such as, the father of the Nation, Mahatma Gandhi. While such persons must certainly be remembered, wha....
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....ernment advertisements other than classifieds and in all mediums of communication, thereby including internet advertising. The objective of these Guidelines emphasize the Government's responsibility to disseminate information necessary for the public to know about the policies and programmes of Government. It principally spells out five principles to regulate the contents of advertisements, namely, i) advertising campaigns are to be related to government responsibilities, ii) materials should be presented in an objective, fair and accessible manner and designed to meet objectives of the campaign, iii) not directed at promoting political interests of a Party, iv) campaigns must be justified and undertaken in an efficient and cost-effective manner and v) advertisements must comply with legal requirements and financial regulations and procedures. The five broad Content Regulations contained in the draft guidelines framed by the Committee are similar to the provisions found in the Australian guidelines. However, under each broad head specific regulatory parameters have been indicated which seem to embody what would be good practices in th....
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.... Content of the Recommendations Response of the Union (1) Object of Guidelines (a) To prevent arbitrary use of public funds for advertising by public authorities. The meaning of the word "arbitrary" according to the Union needs to be more specifically defined. (b) To exclude the possibility of any misuse of public funds on advertisement campaign in order to gain political mileage by the political establishments. According to the Union the expression "political mileage" is inappropriate and should be deleted. (2) 5 Principles of Content Regulation (a) Clause (vii) under the 2^nd point of the 5 principles recommended by the Committee - Every effort should be made to pre-test the material in case of large scale campaign with target audiences. According to the Union this should be done only when the same is feasible and whenever public interest so demands. (b) Clause (c)(i) under the 4^th point of the 5 principles of Content Regulation states that "The Government shall decide and announce beforehand, a list of personalities on whose birth or death anniversaries, advertisements could be released every year and specify which Ministry/Depa....
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....th in some details. 17. The remaining recommendations of the Committee appear to be comprehensive and based on an analytical approach of the best practices prevailing in other jurisdictions. The said recommendations, in our considered view, would serve public interest by enabling dissemination of information and spreading awareness amongst the citizens not only of the government policies; achievements made and targets to be reached but also the rights and entitlements of the citizens including the availability of a host of welfare measures. The said recommendations, therefore, commend to the Court for acceptance and are accordingly accepted. 18. At this juncture we may very briefly deal with the with the situation prevailing in other jurisdictions across the globe. While, undoubtedly there can be no blind adherence to the practices followed in other jurisdictions as what may be appropriate to another country may not be ideal in the Indian context, the correct approach will be to discern some of the best practices prevailing in such jurisdictions and thereafter to test the relevance of the same to our own country. Though the recitals contained in the Report of the Committee do....
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.... occasion is published practically every day. Publication of the photograph of an individual be a State or party functionary not only has the tendency of associating that particular individual with either the achievement(s) sought to be highlighted or being the architect of the benefits in respect of which information is sought to be percolated. Alternatively, programmes/targets for the future as advertised carry the impression of being associated with the particular individual(s). Photographs, therefore, have the potential of developing the personality cult and the image of a one or a few individuals which is a direct antithesis of democratic functioning. 23. The legitimate and permissible object of an advertisement, as earlier discussed, can always be achieved without publication of the photograph of any particular functionary either in the State of a political party. We are, therefore, of the view that in departure to the views of the Committee which recommended permissibility of publication of the photographs of the President and Prime Minister of the country and Governor or Chief Minister of the State alongwith the advertisements, there should be an exception only in the ca....