Sr Adv: I go back to Sakal papers- gov bringing in... ... Sabarimala Reference | Live Updates From Supreme Court 9-Judge Bench [Day 8]
Sr Adv: I go back to Sakal papers- gov bringing in regulation on number of pages a newspaper would have basedon the price that is being charged. that was questioned by the newspapers as being violative of article 19(1) rights. the gov took the contention that this is traceable to power to regulate business. Article 19(6) was invoked by the state to say this is justified.
mylords have specifically held that it can't be. whenever there are fundamental rights which are claimed and two of them are also involved, looking at freedom of speech and expression in article 19(1)(a) only those restrictions which are found in article 19(2) are to be considered.
if the measure of the state is not falling within any of those 8 heads of article 19(2) that can't be the basis for restricting the freedom of speech
CJI: you are invoking same approach?
J Nagarathna: the hierarcy of fundamental rights?
Sr Adv: In Sakal, mylords said all are enjoyed equally