SC sought Centre's response on States' petition against ban on publication of CM photos in Govt. Ads
State Governments contended that the May 2015 directive of the court is against the federal structure of governance enshrined in the Constitution.
The Supreme Court (SC) on 14 September 2015 sought the Union Government’s response on pleas made by several state governments for the recall of the ban on publishing photographs of Chief Ministers and bureaucrats in government advertisements.
The directive was given by a bench of Justice Ranjan Gogoi and Justice Pinaki Chandra Ghose while hearing pleas filed by state governments of Tamil Nadu, Assam, Karnataka and West Bengal.
The pleas of the state governments were against the ban imposed by the SC in its May 2015 judgment.
In its judgment, the SC directed that only photographs of the President, Prime Minister (PM) and Chief Justice of India (CJI) can feature in the newspaper advertisements released by state and central government departments.
The judgment was based on the recommendations of court-appointed NR Madhava Menon committee.
Why State Governments opposed to SC directives?
States argue that they are autonomous political and administrative entities in the federal scheme of the Constitution of India.
Hence, they have every right, akin to the Union Government, to publish photographs of their politico-administrative heads in advertisements.
Further, denying this right to them is also goes against the basic structure doctrine as federalism is considered as the fundamental feature of the Constitution.
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