Only Prez, PM, CJI photos allowed in Central govt ads, rules SC

NEW DELHI: The Supreme Court today laid down a comprehensive law in the form of guidelines to prevent ruling politicians at all levels — the Centre, states, Union Territories and local bodies — from misusing tax payers’ money to enhance their image or of their parties and discredit their rivals through advertisements in the media.

R Sedhruaman

Legal Correspondent

New Delhi, May 13

The Supreme Court today laid down a comprehensive law in the form of guidelines to prevent ruling politicians at all levels — the Centre, states, Union Territories and local bodies — from misusing tax payers’ money to enhance their image or of their parties and discredit their rivals through advertisements in the media.

The guidelines place a ban on the use of photographs of ministers and party leaders in the advertisements released by government institutions, public sector undertakings, local bodies and other autonomous bodies established under a statute.

The ban, however, would not cover late national leaders, while the President, Prime Minister, Chief Justice of India (CJI) were free to use or not to use their photographs on such advertisements.

Official advertisements also cannot carry the name of any political party, political symbol, logo or flag, a Bench comprising Justices Ranjan Gogoi and Pinaki Chandra Ghose ruled in a judgment on a PIL by Common Cause, a registered society.

Explaining the reasons for the ban, the SC said publication of photographs had the “potential of developing a personality cult” by projecting the image of one or a few individuals which was against democratic principles.

“Government advertisements shall maintain political neutrality and avoid glorification of political personalities and projecting a positive impression of the party in power or a negative impression of parties critical of the government. The guidelines would be in force until the government came out a law or set of rules,” the Bench said.

It also directed the government to appoint a three-member body of Ombudsman with “unimpeachable neutrality and impartiality” to ensure the implementation of the guidelines. The members should have achieved excellence in their respective fields.

The guidelines were also aimed at preventing ruling parties from releasing advertisements only to select sections of the media.

“Partronisation of any particular media house(s) must be avoided and award of advertisements must be on an equal basis to all newspapers who may, however, be categorised depending upon their circulation,” the SC said.

The SC issued the guidelines on the basis of the recommendations of a three-member Committee it had set up to go into the issue. The panel was headed by Prof NR Madhava Menon, former Director of the National Judicial Academy at Bhopal.

The Bench, however, rejected the panel’s suggestion for a performance of audit of every government department in the matter of advertisements and a ban on release of such material at the time of elections.