BENNETT COLEMAN AND COMPANY THE HINDUSTAN TIMES LIMITED INDIAN EXPRESS MADURAI PRIVATE LIMITED G NARASIMHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) These petitions challenge the Import Policy for Newsprint for the yew April, 197 2/03/1973. The Newsprint Policy is impeached as an infringement of fundamental rights to freedom of speech and expression in Article 19 (1) (a) and right to equality in Article 14 of the Constitution. Some provisions of the Newsprint Control Order, 1962, are challenged as violative of Article 19 (1) (a) and Article 14 of the Constitution.

(2.) The import of newsprint is dealt with by Import Control Order, 1955 (referred to as the 1955 Import Order). The 1955 Import Order a made in exercise of powers conferred by S. 3 and 4-A of the Imports and Exports Control Act, 1947 (referred to as the 1947 Act). S. 3 of the 194 7 Act speaks of powers of the central government to prohibit, restrict or otherwise control imports and exports. S. 4-A of the 1947 Act contemplates issue or renewal of licences under the 1947 Act for imports and exports. Item 44 in Part V of Schedule I of the 1955 Import Older relates to newsprint. Newsprint is described as white printing paper (includingwater-lined newsprint which contained mechanical wood pulp amounting to not less than 77% of the fibre content). The import of newsprint is restricted under the 1955 Import Order. This restriction of newsprint import is also challenged because it infringes Article 19 (1) (a). It is said that the restriction of import is not a reasonable restriction within the ambit of Article 19 (2).

(3.) The Newsprint Control Order, 1962 (referred to as the 1962 Newsprint Order) is made in exercise of powers conferred by S. 3 of the Essential Commodities Act, 1955 (referred to as the 1955 Act). S. 3 of the 1955 Act enacts that if the central government is of opinion that it is necessary or expedient so to do for maintaining or increasing supply of essential commodities or for securing their equitable distribution and availability at fair prices, it may, by order, provide for regulating or prohibiting production, supply and distribution and trade and commerce therein. S. 2 of the 1955 Act defines "essential commodity". Paper including newsprint, paper board and straw board is defined in S. 2 (a) (vii) of the 1955 Act to be an essential commodity.