Case 3 of 30 in Law Easy's Media Law series. Bennett Coleman and Co. v. Union of India, Supreme Court of India, decided 1972.
FACTS
The newsprint policy for 1972-73 fixed a ceiling of 10 pages for newspapers, barred a group owning two or more papers from starting a new paper or edition, and stopped it from shifting newsprint between its own papers. Bennett Coleman, publisher of The Times of India, and others challenged it. The government argued that it only regulated the import of a commodity.
WHAT THE COURT HELD
By a majority, in a judgment by Justice A. N. Ray, the Court held that what matters is the direct effect of a measure on the fundamental right, not its object or form. The page ceiling and the bans were struck down because they controlled the growth and circulation of newspapers. Quotas for scarce newsprint remained possible. Shareholders do not lose their fundamental rights by forming a company. Justice K. K. Mathew dissented.
EXAM POINT
This is the landmark case on the effect test. Mention the dissent in a complete answer, and do not say that all newsprint regulation was invalid.
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