CASE COMMENT: COMMON CAUSE VS. UNION OF INDIA, 2015(6) SCALE 302

ABSTRACT This case comment scrutinizes the latest judgment of the Supreme Court on the issue of large scale advertising. The advertisements that were originally meant to educate the citizens about the new schemes of the government, citizen’s rights, their entitlements, safety information, and public health related information among other things have deteriorated in their services. Lately there has been a sea change in the way these advertisements have been broadcasted and printed making their way to political propaganda. The content of such advertisement has not only depreciated but has also acted a direct antithesis to the main principle of a democratic functioning. The general public is not only deceived by such advertisements which only seek to develop personality cult and the image of political parties and candidates, but has also been refused to challenge the same. This also derogates the rule of fair elections when the same advertisements manipulate the voters’ decision by reflecting the candidates’ own political affiliation. Only recently, the Court realized the importance of curbing the issue considering the outrageous expenditure on such advertisements out of the tax payers’ funds and the national exchequer. The comment discusses the issue with respect to the suggestions, accepted or rejected by the Court, whilst examining the precedents on the same issue. The broader context of the comment is to identify this case as an important commentary on the issue where the Legislature is yet to codify a law. Lastly, certain suggestions of the author’s have been advanced in the last section of the paper.