MURALIKRISHNAN R B

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CHAPTER SUMMARY
THE PRESS AND THE LEGISLATURE (DD BASU-8)
The chapter deals with the relationship between the press and that of legislature. As an
important body of a democratic setup, the parliament has certain privileges and often there
are issues where these are broken by press, another important pillar of modern democracy.
There are also situations where the legislature interferes with the right of the press. The
chapter thoroughly analyses those situations involving the press and legislature.

The encounter between the parliament and the press can happen in the three following ways:

i. By violation of Rules of Procedures made by the legislature in exercise of

powers conferred under Article 118 and 208 of the Constitution
ii. Through the violation of parliamentary privileges.
iii. In situations involving the ‘contempt of parliament’ or by the words or
action intended to defame the legislature and lose the confidence of public
in parliament.
I. Through Violation of powers under Article 118 and 208 of the constitution or
the exclusion from attendance or admission from house.

The parliamentary Rules 386, 387 and 387A provides for the exclusion of strangers from the
procedures of the parliament. This power is vested in the Speaker. As per 386, the admission
of the strangers to the house depends upon the regulation from the Speaker. Rule 387
empowers the Hon’ble speaker to withdraw or exclude any person from any part of the
parliament. The rule 387A extends the power under 387 to the officers, who have the power
to take into custody or remove from the precincts of the parliament, any stranger who is
inside without the appropriate permission of the Speaker or who admitted misbehaves or the
one who is not leaving even after ordered to do so.

As per the rules, admission is granted to the strangers, which includes common spectator and
most important the representatives of the press. In the case of the representatives of the press,
admission is granted in the form of a license, in the form of identity cards under the
recommendation of the Press Gallery Committee. The card issued by the committee is a
license and it is under the power of the Speaker. As per rule 387, the Speaker has the power
to withdraw the card and order the permanent exclusion of the press member, if he
misconducts or violates the rule under 386 and the rule 387A also applies.

II. Parliamentary privileges and its violation

Regarding the publication of reports of the parliament, there are certain privileges for the
parliament. These privileges act as an exclusion for the press to publish the parliamentary
proceedings. There are propositions which forms a privilege for the parliament which are:

i. The first proportion is that the press does not have the legal or constitutional rights
to publish the proceedings of the parliament and the sole right to publish these
rests under the houses of the legislature.
ii. If the press is allowed the publication of proceedings, then its rights and liabilities
regarding such publication are equal that of a private individual. There will not be
any immunity from the general law proceedings such as defamation, obscenity,
unless they are specifically provided immunity from doing so.

There were several judgments regarding the above privileges. However, such rules under the
statute were seen as entirely undemocratic and in 1978, there was major change made to the
provisions. Thus, section 361A was inserted under Parliamentary Proceedings (Protection of
Publication) Act.

The new provision provided immunity to the press, newspapers and radio broadcasters from
criminal proceedings regarding publication of parliamentary procedures if the following
conditions were satisfied:

 It is a substantially true report of the proceedings

 It is not actuated by malice
 It is for the public good

Broadly analyzed, the conditions for the immunity of the press report are provided under the
following circumstances.

a. The report must be regarding that of the proceedings of the House of a Union or a
State legislature.
b. Such report must be with respect to that of a house of legislature
c. It must be a report
 d. The report must consist of facts which are true. This implies that the immunity will be
of no avail if,
 The report is false
 The report is in a perverted form of the parliamentary debates of any member
or other parliamentary proceedings
 If the report is of the nature of partially reported; extracted partially from the
speech of any member of any other parliamentary proceedings.
e. The report must not be actuated by malice.
f. The report shall not be of any proceedings of the secret session of the parliament.

Immunity will be extended to newspaper reports or any other reports and it will be both a
civil and criminal immunity.

III. Contempt of parliament by the press

The contempt of the parliament by the press may occur in the following circumstances:

1. Any publication which reflects upon the dignity of the parliament even if it is not
under the privileges of parliament.
2. Publishing words reflecting upon the character, conduct or proceedings of the house.
3. If it reflects upon the character of conduct of a member of the parliament.
4. Attempt to influence the member of parliament by improper means.
5. Any act which even indirectly brings the house into disrepute before the public.
6. Publication of distorted or perverted reports of the parliamentary debates, committees
or any other functions of the house.
7. Any reports involving
 Suppressing any particular member’s speech
 Publication of forged paper as parliamentary paper.
 Publishing procedures ordered to be expunged from the journals.
 Publication of secret proceedings of parliament.
 Premature publication of reports of committees or its minutes of dissent before it is
presented before the house.
8. Publication of questions, resolution or motions before they are delivered in the house.
9. Comment on any matter which is pending before the speaker.
10. Any misconducts which includes shouting of slogans or scattering leaflet or any other
activities which brings disregard to the house.
Procedures regarding the contempt of legislature

The procedures taken by the house in the case of violation of privileges of the house are as
follows:

1. As per rule 226 of parliamentary rules, primarily the document is brought before the
house which has a question regarding the privilege or its violation. Then it is up to the
speaker to decide whether to admit or exclude the document from further procedures.
2. As per 227, if the consent is given by the speaker, then either the member can pose a
question to the committee or suo moto action can be taken by the speaker.
3. The committee on privileges then review the questions and then return it to the house
with the recommendations as per rule 314.
4. After the report is placed before the house a motion either agreeing or disagreeing
with the recommendations is made as per rule 315.

Punishment for the contempt of parliament

In cases of contempt of the house, following punishment are given:

a. Admonition and reprimand

b. Imprisonment
c. Exclusion from press gallery

An unconditional apology on the mistake can be accepted by the house at times of

procedures.

The privileges of the parliament have an upper hand over that of provided under the
fundamental rights. This theory has been ascertained in the famous case of MSM Sharma v.
Sri Krishna Sinha

There has been an attempt to codify the privileges and immunities of the legislature. As there
are some unclear terms and conflicts, it is a better move to have a codified privileges of the
house.