The Supreme Court has accepted its earlier order prohibiting pictures of constitutional functionaries other than the Prime Minister, the President and the Chief Justice of India in government advertisements was flawed. In allowing the pictures of chief ministers of states as well as Union Cabinet ministers and governors of states also to be published, the court has restored a sense of equity. The argument that the Prime Minister is the first among equals and as chief executive of the land he must be entitled to the privilege of speaking for his government is fine. Should he do so solely is the question. Also, in a federal set-up as in India, the status of the CMs is no less and it is only fair that they be allowed the same privilege in publicising the achievements of their governments or marking landmark events.
There is a larger point to be debated here over whether governments are not dipping into the pubic exchequer to promote their own leaders. However, if the playing field were to be truly level, then CMs and governors needed to be given the same space in advertisements. The earlier ruling was too invidious, even if it the intention was to curb excessive spending on publicity. Here again, the court’s jurisdiction can be questioned as it is Parliament that authorises all the expenditure of governments and it is the will of Parliament that the elected executive is supposed to carry out. It is also rather late to entertain the fear whether the promotion of leaders will not lead to personality cults because, as a nation, we know where we stand in this regard.
