HINDUSTAN TIMES LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The Hindustan Times Limited, which is a public limited company, and three others have challenged the legality of subclause (3A) of clause 3 of the Newsprint Control Order, 1962, hereinafter referred to for facility of reference as "the Newsprint Control Order".

(2.) In exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955 (hereafter called "the Act"), the Central Government made the Newsprint Control Order. The Newsprint Contol Order came into force on January 17, 1962. With effect from December 29, 1962 the following new sub-clause (3A) was inserted in clause 3 thereof by the Newsprint Control (Third Amendment) Order, 1962 -

(3.) Section 3 of the Act gives power to the Central Government to control production, supply and distribution etc., of essential commodities. Sub-section (1) of that section provides that if the Central Government is of opinion that it is necessary or expedient so to do for maintaining or increasing supplies of any essential commodity or for securing their equitable distribution and availability at fair prices, or for securing any essential commodity for the defence of India or the efficient conduct of military operations, it may, by order, provide for regulating or prohibiting the production, supply and distribution there of and trade and commerce therein.