Case 1 of 30 in Law Easy's Media Law series. Express Newspapers (Private) Ltd. v. Union of India, Supreme Court of India, decided 1958.
FACTS
Newspaper owners challenged the Working Journalists Act, 1955, which allowed a wage board to fix pay scales for working journalists. They argued that the financial burden could force papers to shrink or close, so the law restricted press freedom.
WHAT THE COURT HELD
Justice N. H. Bhagwati held that the press is not immune from general laws on industrial relations. A law can be struck down under Article 19(1)(a) only if its direct or inevitable consequence is to curtail speech. Any harm here was remote and uncertain, so the Act was valid, except a gratuity provision that unreasonably restricted the right to carry on business under Article 19(1)(g). The wage board's decision was set aside because it ignored the industry's capacity to pay.
EXAM POINT
Do not write in an exam that the government won on every issue. Remember the difference between the validity of an Act and the validity of a decision under it.
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