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october 1972

Supreme Court of India · 1972-10-30

BENNETT COLEMAN & CO. & ORS. vs UNION OF INDIA & ORS.

Citation / case number
SC 1971/60228
Court
Supreme Court of India
Petitioner
BENNETT COLEMAN & CO. & ORS.
Respondent
UNION OF INDIA & ORS.
Bench
SIKRI, S.M. (CJ),RAY, A.N.,REDDY, P. JAGANMOHAN,MATHEW, KUTTYIL KURIEN,BEG, M. HAMEEDULLAH

Judgment text excerpt

The Supreme Court held that shareholders' fundamental rights under Article 19(1)(a) are not lost when they form a company, affirming their right to challenge state actions affecting their interests. The Court found that the Newsprint Policy for 1972-73 violated Articles 19(1)(a) and 14 due to restrictions on newspaper operations, including limitations on page numbers and ownership. The petitions were allowed, establishing that shareholders can invoke fundamental rights through their newspapers, and that executive actions during emergencies must still comply with constitutional protections.

BENNETT COLEMAN & CO. & ORS. vs UNION OF INDIA & ORS. · Niyam