39. It will be instructive to sun up this discourse with the observation of Hon’ble Chief Justice Bhagwati in Sukh Das. “It is common knowledge that 70 percent of the people living in rural areas are illiterate and even more than that percentage of the people are not aware of the rights conferred upon them by law. Even literate people do not know what are their rights and entitlements under the law. It is this absence of legal awareness which is responsible for the deception, exploitation and deprivation of rights and benefits from which the poor suffer in this land. Their legal needs always stand to become crisis-oriented because their ignorance prevents them from anticipating legal troubles and approaching a lawyer for consultation and advice in time and their poverty magnifies the impact of the legal trouble and difficulties when they come. More over, because of their ignorance and illiteracy, they cannot become self-reliant; they cannot even help themselves. The law ceases to be their protector because they do not know that they are entitled to the protection of the law and they can avail of the legal service programme for putting an end to their exploitation and winning their rights. The result is that poverty becomes with them a condition of total helplessness. This miserable condition in which the poor find themselves can be added to situations” (1986) 2 SCC 401). 40. That Professor Laski says . The centre of legal solidarity lies not in legislation, nor in jurist’s science, nor in jurist’s decision, but in society itself.” The first requirement of judiciary that it should correspond with actual feeling and demand of the life. Unfortunately we are still upholding the traditions of Anglo Saxon jurisprudence and resisting radical innovation in the use of judicial power to promote social justice under our constitution. Justice which has always been the first virtue of any civilized society is still required to be traced down the beating the sticks over the impressions left behind by passing through a snake of alien power ruling over the nation. Such traditions having the glimpse of slavery was least concerned with the relief to the litigants but continued to perform the deception by making the litigant as specimen in the process of advancement of the judicial system. There are conflicting decisions which were subsequently overruled but by that time the cause of the litigant was decided on the wrong precedents. 41. That the Freedom of expression may be necessarily including right of information. There is no expression with out having an idea on the subject, regarding which the expression of an individual may be given effect to change the existing values an ideology which are based on the notable extracts of certain facts .An enlightening informed citizen would undoubtedly enhance democratic values (People’s Union for Civil liberty (P U C L) Vs. Union of India) (2003) 4 SCC Para 94. 42. That “The freedom of speech and expression is basic to indivisible from a democratic polity .It includes right to impart and receive information. Restriction to the said right could be only as provided in article 19(2). Right of a voter to know the bio-data of the candidate is the foundation of the democracy. The old dictum let the people have the truth and the freedom to discuss it and all will go well with the Government should prevail. The true test for deciding the validity of the Act is whether it takes away or abridges fundamental right of the citizens. If there is direct abridgement of the fundamental right of freedom of speech and expression, the law would be invalid. If the provisions of the law violate the constitutional provisions, they have to be struck down and that is what is required to be done in the present case .It is made clear that no provision is nullified on the ground that the Court does not approve the underlying policy of the enactment. (Para 69 to 71 and 66). (People’s Union for Civil liberties (P U C L) Vs. Union of India, (2003) 4 SCC 399:AIR 2003 SC 2363. 43. That “To control the ill effects of money power and muscle power the commissions recommend that even the election system should be overhauled and drastically changed lest democracy would become a teasing illusion to common citizens of this country. Not only a half hearted attempt in the direction of the reform of the election system is to be taken as has been done by the present legislation by amending some provisions of the act here and there, but a much improved election system is required to be evolved to make the election process both transparent and accountable as that influence of tainted money and physical force of criminals do not make democracy a farce the citizens fundamental “Right to Information” should be recognized and fully effectuated (Para 127) (People’s Union for Civil liberties (P U C L) Vs. Union of India,(2003) 4 SCC 399:AIR 2003 SC 2363. 44. That It has Been held that “The newspapers serve as a medium of exercise of freedom of speech. The right of its shareholder to have a free press is a fundamental right. Advertisements in newspapers play an important role in the matter of revenue of the newspaper and have a direct nexus with its circulation. For the purpose of meeting the costs of the newsprint as also for meeting other financial liabilities which would include the liability to pay wages, allowances and gratuity etc. To the working journalist as also liability to pay a reasonable profit to the share holders vis-a-vis making the newspapers available to the readers at a price at which they can afford to purchase it , the petitioners have no other option but to collect more funds by publishing commercial and other advertisements in the newspaper.(Paras 33,36,34and 38) .Hindustan Times Vs State of U. P.(2003) 1 SCC 591,AIR 2003 SC 250,(2003) 1 LLJ 206: (2002) 258 ITR 469.
Posted on: Thu, 12 Jun 2014 03:56:08 +0000
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