Case 2 of 30 in Law Easy's Media Law series. Sakal Papers (P) Ltd. v. Union of India, Supreme Court of India, decided 1961.
FACTS
The Newspaper (Price and Page) Act, 1956 and an Order of 1960 fixed the maximum number of pages a newspaper could publish according to its price. The aim was to stop large papers from using low prices and many pages to kill small ones. The company publishing Sakal, a Marathi daily from Pune, its shareholders and two readers challenged the law.
WHAT THE COURT HELD
Justice J. R. Mudholkar struck down both the Act and the Order. Freedom of the press includes the right to publish and to circulate, so it covers the volume of circulation as well as content. Business can be restricted under Article 19(6), but speech can be restricted only on the grounds in Article 19(2), and preventing unfair competition is not one of them.
EXAM POINT
Remember: a law aimed at circulation is a law aimed at speech. Always test the direct effect and the correct constitutional ground.
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