The Supreme Court on Monday asked the Centre to respond to a petition to restrain State governments from publishing advertisements outside their respective territorial jurisdictions.
A Bench of Justices D.Y. Chandrachud and Hima Kohli issued notices to the Ministry of Information and Broadcasting and all the States.
The top court was hearing a plea filed by NGO Common Cause seeking directions to restrain State governments from publishing advertisements outside their territory.
“How can we prohibit a State government from publishing an advertisement outside the territory? A State government may want to attract business to its territory by showcasing the work to the public of other States. They want to attract investment and say we are creating this infrastructure of roads, power, tourism, etc.,” a Bench led by Justice D.Y. Chandrachud said.
Advocate Prashant Bhushan, appearing for the NGO, said public funds are being used by State governments not for attracting investments or tourists but for “partisan political advertising”.
He said a political party in power cannot use the money of the government to publicise its achievements. It has to use party funds.
“That is democracy. Public representatives are entitled to tell the country that we are so good. How do we stop them? That is the heart and soul of the nation. Politics is a competitive space.” the Bench responded.
Mr. Bhushan said the second aspect of the issue was that advertorials were disguised as news.
