Indian Express Newspapers (Bombay) Pvt Ltd v. Union of India

Facts

• Government imposed customs duty on newsprint through notification under Customs Act
• Duty was so high that newspaper publishers argued it effectively destroyed press freedom
• Challenge: while government has power to fix duty, exercise destroying Art.19(1)(a) is unconstitutional

Issue

1. Whether executive notification imposing duty on newsprint is reviewable under Art.19(1)(a) even though government has statutory power to fix customs rates?

Held

• Delegated legislation (notification) is "law" under Art.13(3)(a)
• Must satisfy fundamental rights tests, including Art.19(1)(a) (press freedom)
• Court can examine whether duty rate is so excessive as to destroy or seriously impair the right
• Government's statutory power to fix duty does not immunize the exercise from constitutional scrutiny
• Freedom of press is foundational to democracy: administrative action threatening it faces stricter review

Ratio Decidendi

Executive rule-making/notification power does not operate in a constitutional vacuum. Even where Parliament has delegated power to fix rates/charges, the executive's exercise must respect fundamental rights. When delegated legislation threatens to destroy the substance of a constitutional right, courts will intervene: regardless of the breadth of delegation.