The Supreme Court on Monday decided to review its decision restraining Chief Ministers from displaying their photographs on Government advertisements.
Four States had approached the apex court challenging the May 13 decision by which the Court held that taxpayers’ money cannot be used by political parties or establishments to trumpet their achievements. An exception was made only for Constitutional heads — Prime Minister, President, and Chief Justice of India, who were free to choose whether or not to place their photographs on the ads.
Passing the order on the review petitions filed by Karnataka, West Bengal, Assam and Tamil Nadu, the Bench of Justices Ranjan Gogoi and PC Ghose issued notice to the Centre and NGO Common Cause at whose instance the decision was passed.
Senior advocate Kapil Sibal, who appeared for West Bengal, had stated that the CM being the face of the State Government should be permitted to display photographs as States have their independent character in a federal structure.
Interestingly, a Committee constituted by the Government comprising experts had recommended to the SC that the photos of CMs and Governors should also be allowed for display in public advertisements. In its May 13 order, the Bench rejected this suggestion and said, “The legitimate and permissible object of an advertisement can always be achieved without publication of the photograph of any particular functionary either in the State or a political party.”
The Court was of the view that “photographs have the potential of developing the personality cult and the image of one or few individuals (on public ads) is a direct antithesis of democratic functioning.” The fact that every day an advertisement is issued by some State or Central department, sometimes even displaying the photograph of their political party leaders, made the Court to take notice and entertain the PIl filed by NGOs Common Cause and Centre for PIl.
Advertisements issued to commemorate the anniversaries of acknowledged personalities like the Father of the Nation was also exempted by the Court where the public ads could carry the photograph of the departed leader.