Court rules restriction on political ads in metro stations during Model Code of Conduct enforcement as lawful and necessary for fair elections.
In a significant judgment, the Delhi High Court has upheld the Election Commission of India's (ECI) directive banning political advertisements in metro stations and trains during the enforcement of the Model Code of Conduct (MCC). This decision was rendered in the case of M/s EG Communications Pvt. Ltd. vs. Election Commission of India, where the appellants challenged the ban, arguing it violated their constitutional rights under Articles 14 and 19.
The division bench, comprising Justices V. Kameswar Rao and Manmeet Pritam Singh Arora, dismissed the appeal against the single judge's decision which had earlier upheld the ban. The court found the restriction reasonable, narrowly tailored, and justified in the interest of free, fair, and transparent elections.
The appellants, companies with advertising rights in Delhi Metro trains and stations, contended that the ban was discriminatory and violated their rights to equality and freedom of trade. They argued that while political ads were banned in metros, they were permitted on bus queue shelters, creating an unjust distinction.
However, the court observed that metro stations and trains, being more closely associated with the government, could not be equated with bus shelters. The court emphasized the importance of ensuring that political advertisements are not perceived as government-endorsed.
The court further stated that the restriction was applicable only during the MCC period, which covers a limited timeframe during elections, and thus did not constitute a complete prohibition on the appellants' business activities. The bench noted that the appellants could still display non-political advertisements.
Additionally, the court upheld the ECI's plenary powers under Article 324 of the Constitution, which allows it to issue instructions for elections' conduct, even if not explicitly covered by statutory law. The impugned instructions, issued by the ECI, were deemed to have the force of law and were binding.
The judgment reinforces the ECI's role in maintaining the integrity of elections and underscores the balance between business interests and the public interest in conducting fair elections. The appellants' plea for relief was dismissed, affirming the ECI's guidelines as lawful and within the constitutional framework.
Bottom Line:
Restriction on political advertisements in metro stations and trains during the enforcement of the Model Code of Conduct (MCC) does not violate Articles 14 or 19(1)(a) and (g) of the Constitution, and is reasonable and narrowly tailored in furtherance of free, fair, and transparent elections.
Statutory provision(s):
Articles 14, 19(1)(a), 19(1)(g), 324 of the Constitution of India; Model Code of Conduct (MCC) Clause 12.3
