SC issues notice to Centre, states on plea against using public funds on government ads

The Supreme Court on Monday issued a notice to the Centre and States on a plea by NGO 'Common Cause' to restrain them from using public funds on government advertisements in ways that are completely malafide, arbitrary, and in breach of trust.

The petitioner led by advocates Prashant Bhushan and Cheryl Dsouza sought an order to prohibit state governments from publishing advertisements outside their territory, except when they are doing it to invite stakeholders to the state for business summits/conclave or attract tourism, and private investments.

A bench of Justices D Y Chandrachud and Hima Kohli sought a response from the Centre and states as the petitioner claimed there was an abuse of office, violation of the
directions and guidelines issued by this court and violation of fundamental rights of citizens under Article 14 and 21 of the Constitution in government advertisements.

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Bhushan said this court in its judgment on May 13, 2015, in 'Common Cause vs Union of India' had issued several guidelines aimed at regulating government advertisements in order to check the misuse of public funds by central and state governments.

However, the governments have now devised ways and means through which advertisements are being published and rolled out thereby effectively failing the very objective behind the judgment.

The plea contended rolling out advertisements outside the territory of the state is disproportionate, unreasonable, not need-based, arbitrary and does not amount to obtaining maximum value for the taxpayer’s money, all of which are clear violations of the guidelines formulated by the apex court.

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The petition also sought a direction prohibiting the publication of government advertisements in the form of advertorials.

“Several governments across the country are publishing advertisements in the form of ‘advertorials’ that are, by their very nature, designed to be deceptive and misleading, are against all journalistic ethics and therefore give rise to serious constitutional concerns and equally raises ethical and moral questions,” the plea said.

It also sought an order prohibiting the publication of government
advertisements atleast three months prior to elections and barring publication of photographs of elected public functionaries.