Bill

A bill is a proposed law under consideration by the legislature. A bill does not become a law
until it is passed by the legislature. The preparation of a bill is called drafting of a bill. The
requirement of the society is the prime reason for a bill to be drafted. After the bill is drafted, it
is introduced in the legislature for consideration. The sub parts of a bill are called clauses. A
draft Act of parliament is called a bill. A bill is the draft of a legislative proposal, which, when
passed by both houses of Parliament and assented to by the President, becomes an Act of
Parliament. As soon as the bill has been framed, it has to be published in the news papers and
the general public is asked to comment in a democratic manner. If the President gives his
assent, the bill is published in The Gazette of India. The Gazette of India is a public journal and
an authorised legal document of the Government of India, published weekly by the Department
of Publication, Ministry of Urban Development. As a public journal, the Gazette prints official
notices from the government. It is authentic in content, accurate and strictly in accordance with
the Government policies and decisions. The gazette is printed by the Government of India
Press.

Act
When the Bill is passed by the legislature it is called an Act. The term is used both in a narrow
sense, as the formal description of a law passed in certain territories, and in a wider (generic)
sense for primary legislation passed in any country. For Example, The Copy Right Act, 1957, (Act
No. 14 of 1957)

Ordinance
It is promulgated by the President/Governor when the Parliament/Legislative Assembly is not in
session; it has the same effect as that of an Act passed by the legislature; it has to be approved
by the legislature within 6 weeks of reassembly of the legislature. Central Ordinances are
passed by the President under Article 123 of the Constitution. State Ordinances are passed by
the Governor under Article 213 of the Constitution.

Difference between Power of President to promulgate Ordinances during recess of Parliament

and Power of Governor to promulgate Ordinances during recess of Legislature Power of
President to promulgate Ordinances during recess of Parliament:
(1) If at any time, except when both Houses of Parliament are in session, the President is
satisfied that circumstances exist which render it necessary for him to take immediate action,
he may promulgate such Ordinances as the circumstances appear to him to require.
(2) An Ordinance promulgated under this article shall have the same force and effect as an Act
of Parliament, but every such Ordinance:
(a)shall be laid before both Houses of Parliament and shall cease to operate at the expiration of
six weeks from the reassembly of Parliament, or, if before the expiration of that period
resolutions disapproving it are passed by both Houses, upon the passing of the second of those
resolutions; and
(b) may be withdrawn at any time by the President.
Explanation: Where the Houses of Parliament are summoned to reassemble on different dates,
the period of six weeks shall be reckoned from the later of those dates for the purposes of this
clause.
(3) If and so far as an Ordinance under this article makes any provision which Parliament would
not under this Constitution be competent to enact, it shall be void.
Power of Governor to promulgate Ordinances during recess of Legislature
(1) If at any time, except when the Legislative Assembly of a State is in session, or where there
is a Legislative Council in a State, except when both Houses of the Legislature are in session, the
Governor is satisfied that circumstances exist which render it necessary for him to take
immediate action, he may promulgate such Ordinances as the circumstances appear to him to
require:
Provided that the Governor shall not, without instructions from the President, promulgate any
such Ordinance if:
(a) A Bill containing the same provisions would under this Constitution have required the
previous sanction of the President for the introduction thereof into the Legislature; or
(b) He would have deemed it necessary to reserve a Bill containing the same provisions for the
consideration of the President; or
(c) An Act of the Legislature of the State containing the same provisions would under this
Constitution have been invalid unless, having been reserved for the consideration of the
President; it had received the assent of the President.

An Ordinance promulgated under this article shall have the same force and effect as an Act of
the Legislature of the State assented to by the Governor, but every such Ordinance:
(a) shall be laid before the Legislative Assembly of the State, or where there is a Legislative
Council in the State, before both the Houses, and shall cease to operate at the expiration of six
weeks from the reassembly of the Legislature, or if before the expiration of that period a
resolution disapproving it is passed by the Legislative Assembly and agreed to by the Legislative
Council, if any, upon the passing of the resolution or, as the case may be, on the resolution
being agreed to by the Council; and
(b) may be withdrawn at any time by the Governor.
Explanation.—Where the Houses of the Legislature of a State having a Legislative Council are
summoned to reassemble on different dates, the period of six weeks shall be reckoned from
the later of those dates for the purposes of this clause.
(3) If and so far as an Ordinance under this article makes any provision which would not be valid
if enacted in an Act of the Legislature of the State assented to by the Governor, it shall be void:
Provided that, for the purposes of the provisions of this Constitution relating to the effect of an
Act of the Legislature of a State which is repugnant to an Act of Parliament or an existing law
with respect to a matter enumerated in the Concurrent List, an Ordinance promulgated under
this article in pursuance of instructions from the President shall be deemed to be an Act of the
Legislature of the State which has been reserved for the consideration of the President and
assented to by him.
For example, President Pranab Mukherjee gave his assent to the ordinance on Food Security
that had been approved by the Cabinet. The President has signed the ordinance, which now
becomes a law.
It will now be tabled before Parliament for approval. Parliament has to clear it before six
months as the ordinance will lapse after that. The government has majority in the Lok Sabha
but in the Rajya Sabha it would need the help of the Opposition to pass the bill.
The Criminal Law (Amendment) Act, 2013 is an Indian legislation passed by the Lok Sabha on 19
March 2013, and by the Rajya Sabha on 21 March 2013, which provides for amendment of
Indian Penal Code, Indian Evidence Act, and Code of Criminal Procedure, 1973 on laws related
to sexual offences. The Bill received Presidential assent on 2 April 2013 and deemed too came
into force from 3 February 2013. It was originally an Ordinance promulgated by the President of
India, Pranab Mukheerjee on 3 February 2013, in light of the protests in the 2012 Delhi gang
rape case.

Regulations
Regulation may refer to the following:
1. A process of the promulgation, monitoring, and enforcement of rules, established by primary
and/or delegated legislation.
2. A written instrument containing rules having the force of law.
Regulation is a governmental order having the force of law. It is also called executive order.
Regulation creates, limits, or constrains a right, creates or limits a duty, or allocates a
responsibility. In its legal sense regulation can and should be distinguished from primary
legislation (by Parliament of elected legislative body) on the one hand and judge-made law on
the others. Common examples of regulation include controls on market entries, prices, wages,
development, approvals, pollution effects, employment for certain people in certain industries,
standards of production for certain goods, the military forces and services.

Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or
country. Typically, statutes command or prohibit something, or declare policy. Ideally all
statutes must be in harmony with the fundamental law of the nation. Statutes acquire their
force from the time of their passage, however unless otherwise provided. Statutes are of
several kinds; namely, Public or private; Declaratory or remedial; Temporary or perpetual. A
temporary statute is one which is limited in its duration at the time of its enactment. It
continues in force until the time of its limitation has expired, unless sooner repealed. A
perpetual statute is one for the continuance of which there is no limited time, although it may
not be expressly declared to be so.

Code
Code is a systematic arrangement and comprehensive collection of laws. A Nation may have a
civil code, corporations code, education code, evidence code, health and safety codes,
insurance code, labour code, motor vehicle code, penal code, revenue and taxation code, and
so forth. Legislative bodies have the power to amend the codes. In a civil law country, a Code
typically exhaustively covers the complete system of law, such as civil law or criminal law. A
code is derived by the process of codification. Indian Penal Code (IPC) is the main criminal code
of India. It covers all substantive aspects of criminal law. IPC was drafted in 1860 which came
into force in 1862. However, it did not apply automatically in the Princely States which had their
own courts and legal systems until 1940s.In the State of Jammu & Kashmir the IPC is known as
RPC, Ranbir Penal Code.

The draft of the Indian Penal Code was prepared by the First Law Commission, chaired by
Thomas Babington Macaulay. Its basis is the law of England freed from superfluities,
technicalities and local peculiarities. The first final draft of the Indian Penal Code was submitted
to the Governor-General of India in Council in 1837, but the draft was again revised. The
drafting was completed in 1850 and the Code was presented to the Legislative Council in 1856,
but it did not take its place on the statute book of British India until a generation later, following
the Indian Rebellion of 1857. The draft then underwent a very careful revision at the hands of
Barnes Peacock, who later became the first Chief Justice of the Calcutta High Court, and the
future judges of the Calcutta High Court, who were members of the Legislative Council, and was
passed into law on 6 October 1860.The Code came into operation on 1 January 1862.
Unfortunately, Macaulay did not survive to see his masterpiece come into force, having died
near the end of 1859.

Norms
A non stated set of guidelines which specify normal behaviour is a social context. Social control
and order are prevalent due to the pressure exterted on an individual to coform to the social
norm, one which is expected from all members of a community from each other. In different
words a set of standard rules and laws laid down by the legal system, religions or persons of
social authority which judges the appropriateness or inappropriateness of an individual's
actions.

Convention
An agreement or compact, particularly an international agreement, such as the Geneva
convention, an accord between states or nations, which resembles a treaty: ordinarily applied
to agreements prior to an execution of an official treaty or which serve as its foundation; or to
international agreements for the regulation of international affairs of common interest not
within the ambit of commercial transactions or politics, such as international postage. An
agreement between states concerning finance, trade, or other matters considered less
significant than those usually governed by a treaty. An assembly or meeting of representatives
or members of legislative, political, or fraternal organizations. In other words, convention was
the Informal agreement of the parties, which formed the basis of a contract, and which became
a contract when the external formalities were superimposed.

Affidavit
An affidavit is a written statement from an individual which is sworn to be true – it is essentially
an oath that what they are saying is the truth. In other words an affidavit is a formal written
document setting out a person’s own account of events in numbered paragraphs. The content
of the affidavit must be factual and generally of the maker’s own knowledge. The contents
should also only include information that is directly related to the issue to be decided.
Affidavits are a way of giving evidence to the court other than by giving oral evidence. They are
a means of telling the court about the facts (evidence) which support particular issues raised by
each party. Affidavits as a form of evidence allow the court to weigh up differing versions of
events.
Disagreements are brought to the court by the parties in dispute. Courts will only decide what
the disagreeing or disputing parties ask the court to decide. Each party sets out their own
particular issues and each party is responsible for presenting evidence to the court which
supports their version of events. The court’s function is to adjudicate (judge) on the
disagreement after considering the differing versions of events which each party tells the court
about. This is described as the adversarial system. Affidavits may sometimes contain a
statement of fact based on information or belief, but the grounds supporting that information
or belief must then also be set out in the affidavit. Sometimes, the maker (deponent) of an
affidavit may be cross-examined on the contents of the affidavit.

Accused
The term "accused" is used for a person against whom one or more counts in an indictment
have been confirmed. One charged with an offense is an accused. The person charged with an
infringement of the law for which he is liable and if convicted then to be punished. In other
words, a person who is charged with the commission of offence, an offence is defined as an act
or omission made punishable by any law for the time being in force. An accused cannot have
similar footing with the convicted person. There are privileges and rights for an accused. For
example right of fair trial, to present witnesses and evidence that will enable him to prove his
innocence.

Acquittal
A legal decision that someone is not guilty with which they have been charged, or the formal
dismissal of a charge by some other legal process. An acquittal formally certifies that the
accused is free from the charge of an offense, as far as the criminal law is concerned. The
finality of an acquittal is dependent on the jurisdiction. An acquittal is a formal
acknowledgement that the prosecutor in a criminal case failed to prove the accused was guilty
beyond a reasonable doubt. While a jury may find the defendant “not guilty,” an acquittal does
not necessarily prove the defendant’s innocence. Because of this, a person acquitted in a
criminal court may still be sued in a civil court, where the burden of proof is much less
stringent.

Bail
Bail is some form of property deposited or pledged to a court to persuade it to release a
suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail.
Bail is written permission from a court, allowing a person charged with a criminal offence to be
out of jail while they wait for their trial, or some other result in their case. It’s important to
remember that the amount of bail set does not indicate a defendant’s innocence or guilt,
merely that they appear in court. a written promise to appear in court isn’t enough, and the
court will want a financial guarantee that you will appear in court. Bail is a process by which you
pay a set amount of money to obtain your release from police custody. As part of your release,
you promise to appear in court for all of your scheduled criminal proceedings. If you show up to
court as promised, the bail amount will be returned. If not, you will be subject to arrest and you
will forfeit the bail amount.

Bail proceedings can vary from court to court, but generally the court will have a bail hearing to
decide whether to grant bail (in extreme cases a court can deny your release altogether) and, if
so, what amount is appropriate. The court will have a bail hearing, during which it will consider:
 Your physical and mental condition
 Your financial resources
 Your family ties
 Any history relating to drug and alcohol abuse
 Any criminal history
 Any previous record concerning appearance at court proceedings and
 The length of your residence in the community.

Along with the monetary bail determination, the court could also impose restrictions on your
release like limiting your travel, enforcing a curfew, revoking gun ownership privileges, or
requiring drug, alcohol, medical, or psychological testing or treatment.

Conviction
The formal decision of a criminal trial which finds the accused guilty. It is the finding of a judge
or jury, on behalf of the state, that a person has, beyond reasonable doubt, committed the
crime for which he, or she, has been accused. The fact of officially being found to be guilty of a
particular crime, or the act of officially finding someone guilty. The outcome of a criminal
prosecution which concludes in a judgment that the defendant is guilty of the crime charged.
The juncture of a criminal proceeding during which the question of guilt is ascertained. In a case
where the perpetrator has been adjudged guilty and sentenced, a record of the summary
proceedings brought pursuant to any penal statute before one or more justices of the peace or
other properly authorized persons.

Defendant
A person in a law case who is accused of having done something illegal. It means defendant is a
person or entity that is facing a civil lawsuit, or that has been accused of a crime. The word
“defendant” is often used interchangeably with other terms including “accused” or
“respondent.” A criminal defendant has been charged with committing a crime, and is often
placed in jail until bail is posted or the resolution of a trial. A civil defendant has been accused
of a civil wrong, such as causing property damage, or failing to fulfill a contract, and may be
ordered to pay monetary damages to the plaintiff.
There are two types of action in which a person or entity may finds himself a defendant:
criminal and civil. While both of these consist of a person being accused of something, the court
process and penalties vary. Criminal charges are typically much more serious than civil charges,
as they may include imprisonment.

Evidence
Something legally submitted to a court or other tribunal to prove or ascertain the truth of a
matter. The term evidence refers to anything that is presented to prove something else is true
or exists. In the legal system, evidence is any type of proof presented at trial, for the purpose of
convincing the judge and/or jury that alleged facts of the case are true.

This may include anything from witness testimony to documents, and objects, to photographs.
The law provides specific rules of evidence which govern what may and may not be presented
at trial.

Plaintiff
Someone who makes a legal complaint against someone else in court, Plaintiff is the term used
to describe a party who initiates a court action, whether a lawsuit in civil court, or charges in
criminal court, in order to seek a legal remedy. The party responding to the lawsuit, or the
person being charged with a crime, is known as the Defendant. In criminal court proceedings,
the plaintiff can refer to the prosecuting attorney or the state seeking charges. In some cases,
the plaintiff is known as the “Petitioner,” and the defendant is known as the “Respondent.”

Prosecution
When a institution and continuance of a criminal suit involving the process of pursuing formal
charges against an offender to final judgment.

Prima Facie
It is a Latin expression meaning on its first encounter or at first sight. In common parlance the
term prima facie is used to describe the apparent nature of something upon initial observation.
In legal practice the term generally is used to describe two things: the presentation of sufficient
evidence by a civil claimant to support the legal claim (a prima facie case), or a piece of
evidence itself (prima facie evidence). it is generally used to describe how a situation appears
on initial observation. In the legal system, prima facie is commonly used to refer to either a
piece of evidence which is presumed to be true when first viewed, or a legal claim in which
enough evidence is presented to support the validity of the claim.

Sub Judice
A matter or case that is before a judge or court for determination. When a matter has yet to be
proved or disproved in a court case it is sub judice and unable to be discussed or stated as a fact
in public. By not referring to matters that are sub judice, the rights to a fair trial are protected
because it ensures that a potential jury is not influenced by misinformation or false claims.
 Press Laws Before and After Independence

Introduction
Looking back at all the laws reviewed, one may be tempted to think some of these laws are
intended to limit the journalists or media’s right of freedom to seek information and of the
freedom of expression. But on a more critical look, it will reveal that these laws are meant to
make the journalists morally conscious of what they disseminate to the public as well as in the
discharge of their professional duties.

The Gagging Act

In 1857 came the Gagging Act which most importantly, introduced the concept of compulsory
licensing for the owning or running of printing presses, empowered the government to prohibit
the publication or circulation of any newspaper, book or other printed material and banned the
publication or dissemination of statements or news stories which had a propensity to cause a
commotion against the government.

Press and Registration of Books Act, 1867

The Gagging Act laid the seeds of the subsequent Press and Registration of Books Act of 1867,
which was the most serious legislation and is valid till date.

Vernacular Press Act

The Vernacular Press Act of 1878 was proposed by Lord Lytton. It gave authority to the
government to crack down on the publication of writings deemed seditious and to even inflict
punitive sanctions on its printers and publishers.

Newspapers (incitement to offences) Act

In 1908, Lord Minto promulgated the Newspapers (Incitement to Offences) Act, 1908 which
went a step ahead and authorized even the local authorities to take action against the editor of
any newspaper publishing any matter amounting to a provocation to insurgence.

The Dramatic Performances Act, 1876

It is the principal legislation for public performances. It is an Act for the better control or public
dramatic performances and empowers the government to prohibit public dramatic
performances which are scandalous, defamatory, seditious or obscene.

The Indian Telegraph Act, 1898

An Act which is the principal pillar of telecommunication laws in India. Though the word
“telegraph” as understood from this Act covers most other forms of communications, including
landline telephones, mobile phones, satellite radio and internet, it also has an impact on the
press.
Indian Penal Code, 1860
Obscene publication, defamatory publication, advertisement of a lottery, and statements
creating or promoting enmity, hatred or ill-will between classes, among others.

The Police (Incitement of Disaffection) Act, 1922

An Act to provide a penalty for spreading disaffection among the police and for kindred
offences)

Official Secrets Act, 1923

It states clearly that any action which involves helping an enemy state against India. It also
states that one cannot approach, inspect, or even pass over a prohibited government site or
area. According to this Act, helping the enemy state can be in the form of communicating a
sketch, plan, model of an official secret, or of official codes or passwords, to the enemy. The
disclosure of any information that is likely to affect the sovereignty and integrity of India, the
security of the State, or friendly relations with foreign States, is punishable by this act.

The Press (Objectionable Matters) Act, 1951

An Act against the printing and publication of incitement to crime and other objectionable
matters.

The Newspaper (Prices and Pages) Act, 1956

An Act empowering the government to regulate the price of newspapers and to regulate the
allocation of space to be allowed for advertising matter.

Delivery of Books and Newspapers (Public Libraries) Act, 1954

An Act that requires the publishers of books and newspapers to deliver, free of cost, a copy of
every published book to the National Library at Calcutta and one copy each to three other
public libraries specified by the government.

The Working Journalists and other Newspaper Employees (Conditions of Service and
Miscellaneous Provisions) Act, 1955
An Act that lays down the minimum standards of service conditions for newspaper employees
and journalists.

Civil Defence Act, 1968

An Act that allows the government to make rules for the prohibition of printing and publication
of any book, newspaper or other document detrimental to the Civil Defence.

Press Council Act, 1978

An Act that re-constituted the Press Council of India to maintain and improve the standards of
newspaper and news agencies in India.
Defence of India Act, 1962
An Act to restrict the freedom of the press empowering the government to issue rules with
regard to prohibition of publication or communication prejudicial to the civil defence/military
operations, prevention of prejudicial reports and prohibition of printing or publishing any
matter in any newspaper.

The Indian Telegraph Act, 1898

An Act which is the principal pillar of telecommunication laws in India. Though the word
“telegraph” as understood from this Act covers most other forms of communications, including
landline telephones, mobile phones, satellite radio and internet, it also has an impact on the
press.

The Copyright Act, 1957

An Act to understand and protect the copyright of the rightful owners. For print media,
“copyright” can be understood as the exclusive right to commercially exploit the original
literary, dramatic, and artistic, as per the wishes of the owner of copyright subject to the
restrictions imposed in this Act. The basic intention of this Act is to prevent plagiarism and
unfair exploitation of creative work. Know that copyright does not subsist in reproductions.

Indian Penal Code, 1860

Obscene publication, defamatory publication, advertisement of a lottery, and statements
creating or promoting enmity, hatred or ill-will between classes, among others .

Contempt of Courts Act, 1971

It covers issues like innocent publication and distribution of matter is not contempt and
publication of information relating to proceeding in chambers or in camera is not contempt
except in certain cases and so on. The basic object of contempt is to safeguard the public
interest that will be affected if the authority of the courts is denigrated and confidence of
general public is weakened in the court’s administration of justice.

The Unlawful Activities (Prevention) Act, 1967

Publication of unlawful activity is prohibited. The “unlawful activity” is defined as any action
taken by an individual or association (whether by committing an act or by words, either spoken
or written, or by signs or by visible representation intends, or supports the cession/secession of
a part of the territory of India or disclaims, questions, disrupts or is intended to disrupt the
sovereignty and territorial integrity of India.

Miscellaneous Acts
Certain Acts of particular relevance to advertisement in newspapers includeIndecent
Representation of Women (Prohibition) Act, 1986 (The indecent representation of women),
Young Persons (Harmful Publications) Act, 1956(Publication portraying the commission of
commission of offences, acts of violence or cruelty or incidents of a repulsive or horrible nature
in such a manner as would tend to corrupt a young person), the Drugs and Cosmetics Act, 1940
(Use of report of test or analysis for advertising any drug or cosmetic), the Transplantation of
Human Organs Act, 1994 (Inviting transplantation of organs), the Drugs and Magical Remedies
(Objectionable Advertisements), Act, 1954(Advertisement of magical remedies of diseases and
disorders), the Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act,
1994(Advertisements related to prenatal determination of sex), the Cigarettes and other
Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce,
Production, Supply and Distribution) Act, 2003 (Advertisements of cigarettes and other
tobacco products), theRepresentation of People Act, 1951 (Any political advertisement 40
hours prior to polling time). There are certain other Acts of particular relevance as well which
have been listed by the Press Council of India and are applicable for press. They are as follows
-Punjab Special Powers (Press) Act, 1956(especially to maintain communal harmony among
others), The Police (Incitement of Disaffection) Act, 1922 (An Act to provide a penalty for
spreading disaffection among the police and for kindred offences), Official Secrets Act, 1923
(Also includes publication of official secrets), The Emblems and Names (Prevention of Improper
Use) Act, 1950 (An Act to prevent the improper use of certain emblems and names for
professional and commercial purposes), The Prize Competitions Act, 1955 (An Act to provide
for the control and regulation of prize competitions), Children Act, 1960 (An Act to provide for
the care, protection, maintenance, welfare, training, education and rehabilitation of neglected
or delinquent children and for the trial of delinquent children in the Union territories), Atomic
Energy Act, 1962, National Security Act, 1980 (An Act to provide for preventive detention in
certain cases for national security), The Prize Chits and Money Circulation Schemes (Banning)
Act, 1978 (An act to ban the promotion or conduct of prize chits and money circulation)
Freedom of the Press and the Indian Constitution, Freedom of Speech and
Expression: Article 19(1) (a) and Reasonable Restrictions Article 19 (2)

Free Press is the most important requirement in a Democracy. In India Freedom of the Press is
guaranteed to every citizen under the Article 19 (1) (a) of the Indian Constitution. It is also
important to keep an adequate check on the Press for it may take its freedom for granted. To
keep a check on the Press and for preventing the Press for exploiting its powers, the Indian
Constitution restricts its freedom in Article 19 (1)(a).

Introduction
According to the report of the First Press commission, freedom of speech and expression is
stated in wide terms freedom of the press, particularly, of newspapers and periodicals is a
species of which freedom of expression is a genre. There can be no doubt that freedom of the
press is included in the fundamental right of freedom of expression guaranteed under Article 19
(1) (a) of the constitution.

In Indian context, the freedom of the press is included in the freedom of speech and
expressions which is given in article 19(1) (a) of the constitution. There is no such separate
chapter written on the freedom of the press in Indian constitution like the American
constitution. Indian constitution founding fathers in their wisdom accepted the view that it was
unnecessary to make an expression mention of the press; here, freedom of speech and
expression clearly covered freedom of the press.

In the American Press context, the noted constitutionalist ‘William Ernest Hocking’ said:
“Where men cannot freely convey their thoughts to one another, no other liberty is secure; the
way is barred for making common cause against encroachment….Free expression is thus unique
among liberties as protector and promoter of others…The meaning of a free press is
inseparable from the general meaning of freedom in the modern state.
Thus, it is seen that the kind of freedom of expression that is guaranteed to the American
citizen under the First Amendment just does not exist in India but that he is liable to
“reasonable restrictions”.

Article 19 (1) (a)

Freedom of the Press means limited interference from the government into the matters and
working of the Press. This limit is mentioned in the Constitution and looks after the working of
the press. Freedom of the press means the right to print and publish without any interference
for the State or any public authority. It is also important to understand that the freedom of the
press is not absolute and also faces restrictions. Which are drafted in the interest of the public
for which the press is entitled to work.

Freedom of the press is granted by Article 19 (1) (a) of the Indian Constitution, it has been held
by the Supreme Court which is the Apex or the highest Judicial Body of the country that the
freedom of the press must be protected. Legitimate restrictions are levied for responsible
dissemination of Information to the public which is helpful in generating a public opinion.
According to the Article 19 (1) (a) of the Indian Constitution, Freedom of expression is granted
to every citizen which includes the right to express his / her sentiments before the public by
imparting information and ideas to the public. Every citizen is also given the right to receive
information and ideas from others through any lawful medium. For example, Right to
Information, protects this right guaranteed by the Indian Constitution.

Contents of Freedom of the Press

The freedom of the press includes:
a. The right to print and publish news and views
b. The views or opinions of the editor or the author or other people printed under the direction
and supervision of the editor.
c. The freedom to not confine or limit to political or public affairs. It is open for all issues which
seeks information for the benefit of the society.
d. The right to circulate published material to any other party.
e. The right to comment on public affairs and to criticise public men and measures.
f. The right to collect information relating to public affairs or the right of access to the source of
such information. But it does not have the right of special access to information which is not
available to the public generally.
g. The right to collect information from diverse sources which gives the opportunity to be free
from any monopolistic control. From the government.
h. The freedom not to publish any news, article, correspondence or any other matter nor
include any thing at the dictate of any authority.
i. The right to refuse any advertisements, including a Government advertisement. It is also
important to know that if the newspaper accepts Government advertisement, it would be
bound to abide by the terms and conditions of the contract or law relating to such contracts.
j. The choice in the matter of employment and unemployment.
k. The immunity from any tax specially imposed on the press or on advertisements in a
newspaper which was calculated to limit its circulation.

Suspension of Art 19 during Emergency

Article 358 suspends the operation of Art 19 during the operation of a proclamation of
emergency made under the Article 352 on the ground of war or external aggression. The effect
of article 358 is that it suspends the restrictions on the powers of the State to make any law in
contravention of the provisions of Article 19 only during the pendency of the proclamation. It
does not lay down the validity of any law, which had already been made, cannot be challenged
on the ground of violating the provisions of Article 19.
It can be said that –
1. Laws or orders made prior to the coming into operation of the proclamation of emergency
are not protected from the challenge of unconstitutionally on the ground of contravention of
Article 19.
2. But any law or order made after the coming into operation of the proclamation of emergency
cannot be challenged, during the continuance of the emergency. On the ground of
contravention of Article 19. Even after the emergency is over, the constitutionality of acts done
or omitted to be done during emergency cannot be challenged on the same grounds. The net
result of Article 358 is thus to remove the fetters created on the legislative and executive
powers by Article 19 and if the legislature makes laws or the executive commits acts which are
inconsistent with the rughts guaranteed by Article 19, their validity is not open to challenge
either during the continuance of the emergency or even thereafter.
3. But as soon as the proclamation ceases to operate, the legislative enactments passed and the
executive actions taken during the course of the said emergency shall be inoperative to the
extent to which they conflict with the rights guaranteed under Article 19 because as soon as the
emergency is lifted, article 19 which was suspended during the emergency is automatically
revived.
4. Article 359, on the other hand authorises the President to issue an Order declaring that the
rights suspended in the order will be suspended for the stipulated period and therefore no
person can move to the court for the same.

4.6 Impact of Emergency on Freedom of the Press

On December 3, 1971, a proclamation under the Article 353 was issued in view of aggression by
Pakistan. While this emergency was continuing, a second proclamation on the ground of
internal disturbance was issued on June 26 1975. As a result, Article 19 remained suspended by
the operation of Article 352 and orders under Art 359 were also issued by the President barring
the right to enforce in the Courts, the fundamental rights under Art 14, 21 and 22. On January 8
1976, an order under Article 19 was also issued barring the right to move any Court of the
enforcement of Art 19.

As a result of the forgoing constitutional suspensions consequential upon the proclamation of

Emergency, neither any legislation nor any executive order could be challenged on the ground
of violation of Article 19, 20, 22.

Reasonable Restrictions by the Indian Constitution

The editors in Indian Press have been complaining that what is given as a right by the
Constitution on the one hand is taken away by some sub-clause in the same constitution. It has
been said that our constitution gives fundamental rights with one hand and with the other hand
takes them away, by circumscribing the rights by innumerable exceptions and provisions.
Article 19 of Indian constitution deals with the right to freedom and it enumerates certain rights
regarding individual freedom. These rights are freedom of speech and expression etc. These are
important and vital freedoms which lie at the very root of liberty. It is true that in the sub-
clause that follows limitations are placed upon these freedoms.
With regard to freedom of speech and expression, past and future laws are saved which relate
to libel, slander, defamation, contempt of court, or any matter which offends against decency
or morality or which undermines the security of, or tends to overthrow the State.
It will be notice that these limitations are objective standards laid down by the constitution.
Similarly, the legislature is given the right to impose reasonable restrictions in the interest of
public order on the right to assemble peaceably and without arms.

Whether a restriction is reasonable or not is not left to the determination of the legislature or
the executive but it is again an objective consideration which has got to be determined by the
court of law. Only such a restriction would be reasonable as the court thinks as reasonable.

Article 19 (1) (2) of the Indian Constitution

Clause (2) of Article 19 of the Indian constitution enables the legislature to impose reasonable
restrictions on free speech under following heads:
Reasonable restrictions on these grounds can be imposed only by a duly enacted law and not by
executive action.
Security of the State: Reasonable restrictions can be imposed on the freedom of speech and
expression, in the interest of the security of the State. All the utterances intended to endanger
the security of the State by crimes of violence intended to overthrow the government, waging
of war and rebellion against the government, external aggression or war, etc., may be
restrained in the interest of the security of the State. It does not refer to the ordinary breaches
of public order which do not involve any danger to the State.

Friendly relations with foreign States: This ground was added by the Constitution (First
Amendment) Act of 1951. The State can impose reasonable restrictions on the freedom of
speech and expression, if it tends to jeopardize the friendly relations of India with other State.

Public order: This ground was added by the Constitution (First Amendment) Act, 1951 in order
to meet the situation arising from the Supreme Court’s decision in Romesh Thapar, s case (AIR
1950 SC 124). The expression ‘public order’ connotes the sense of public peace, safety and
tranquility.
In Kishori Mohan v. State of West Bengal, the Supreme Court explained the differences
between three concepts: law and order, public order, security of State. Anything that disturbs
public peace or public tranquility disturbs public order. But mere criticism of the government
does not necessarily disturb public order. A law punishing the utterances deliberately tending
to hurt the religious feelings of any class has been held to be valid as it is a reasonable
restriction aimed to maintaining the public order.

Decency and morality: The word ‘obscenity’ is identical with the word ‘indecency’ of the Indian
Constitution. In an English case of R. v. Hicklin, the test was laid down according to which it is
seen ‘whether the tendency of the matter charged as obscene tend to deprave and corrupt the
minds which are open to such immoral influences’. This test was upheld by the Supreme Court
in Ranjit D. Udeshi v. State of Maharashtra (AIR 1965 SC 881). In this case the Court upheld the
conviction of a book seller who was prosecuted under Section 292 , I.P.C., for selling and
keeping the book The Lady Chatterley’s Lover. The standard of morality varies from time to
time and from place to place.

Contempt of court: The constitutional right to freedom of speech would not allow a person to
contempt the courts. The expression Contempt of Court has been defined Section 2 of the
Contempt of Courts Act, 1971. The term contempt of court refers to civil contempt or criminal
contempt under the Act. But judges do not have any general immunity from criticism of their
judicial conduct, provided that it is made in good faith and is genuine criticism, and not any
attempt to impair the administration of justice.

Defamation: The clause (2) of Article 19 prevents any person from making any statement that
injures the reputation of another. With the same view, defamation has been criminalised in
India by inserting it into Section 499 of the I.P.C.

Incitement to an offence: This ground was also added by the Constitution (First Amendment)
Act, 1951. The Constitution also prohibits a person from making any statement that incites
people to commit offence.

Sovereignty and integrity of India: This ground was also added subsequently by the
Constitution (Sixteenth Amendment) Act, 1963. This is aimed to prohibit anyone from making
the statements that challenge the integrity and sovereignty of India.

In the opinion of Brajesh Rajak, author of ‘Pornography Law: XXX Must not be tolerated'
“Freedom of speech and expression cannot be an excuse for distribution of indecent and
immoral content to average person of the society". 
Chanda Committee, P.C. Joshi Committee, Sengupta Committee and Verghese
Committee

Introduction
Over the years, the Government of India established a number of committees and working
groups to study various aspects and issues concerning the electronic media. The reports of
these bodies are a valuable contribution to the media literature and constitute precious body of
information. Salient features of reports recommendations of some of the committees are
summarized as follws.

Chanda Committee
It was constituted in December 1964, submitted the report on Radio and Television in April
1966. Ashok Chanda headed the Committee.
 The Chanda Committee recommended that Broadcasting Corporation should be
established by an act of Parliament in which its objectives should be clearly laid down.
 It emphasised that the scope of Government‘s authority should be dearly defined and
be free of ambiguity.
 The right to require the Corporation to broadcast certain programmes as also the right
to veto broadcasts in certain subjects may be reserved to Government. It must be
understood that such powers must be sparingly used and only when the national
interest so demands. These reservations would automatically define the accountability
of the Minister of Parliament.
 They also consider that the Act itself should lay down the authority and powers of the
Governors to prevent possible encroachment.
 Accordingly, it recommended a Board of Governors (no more than seven) to be headed
by a Chairman. ‗The Chairman should be a public figure with a national reputation for
integrity, ability and independence, and the members should be drawn from diverse
fields of nationa llife and enjoying a reputation in his particular field‘.
 The Committee left selection to the Government itself, and the term & office of
Governors was restricted to six years with two members retiring every other year in
rotation; It argued that conditions for creativity could only be fostered by
decentralisation of authority down to the regional and local levels.

Verghese Committee
It was appointed in August 1977 presented its Report to the Government in February 1978. The
report is a landmark document on the aspect of granting autonomy to the electronic media. Its
major recommendations were

 The Committee recommended the setting up of a National Broadcast Trust (or Akash
Bharti) under which a highly decentralised structure would operate.
  It did not see the need for autonomous corporations or even a federation of State
Government Corporations. Neither did it support the idea of two separate corporations
for radio and television.
 However, besides asserting at the Trust should be an independent, impartial and
autonomous organisation, the Committee wanted the autonomy of the corporation and
its independence from government control to be entrenched in the Constitution.
 The Committee recommended that the Trust be supervised by a Board of Trustees (or
Nyasi Mandal) consisting of 12 members who would be appointed by the president on
the recommendation of the Prime Minister from out of a list of names forwarded by a
nominating panel comprising the Chief Justice of India, the Lok Pal and the Chairman of
the UPSC. The Chairman and three members would be full-time members while the
other eight members would be part-time.
 It would be the responsibility of the Board of Trustees to appoint the Controller-General
Broadcasting, the Directors and other senior personnel.
 The Controller-General would head the central Executive Board and will be ex-officio
Secretary to the board of Trustees. The Central Executive Board, in co-ordination with
Zonal Executive Councils, would be responsible for implementing the policies and
directives of theBoard of Trustees.
 Programming would necessarily be decentralised and producers down to the local levels
would enjoy a significant measure of autonomy‘.

Joshi Committee
The Joshi Committee also popularly known as Joshi working group. It was established to make
recommendations regarding programming in indian television. It submitted its report in April
1984, sub titled as ‘An indian Personality for Television’ and had formally tabled the report to
Loksabha in 1985.
 Though the Joshi Working Group was not asked to go into the question of broadcasting
autonomy, it did stick its neck out in staling bluntly that functional freedom‘ did not
exist at all in Doordarshan, despite government claims.
 However, it noted that the crucial issue is not autonomy versus government control‘ but
urgent reforms in structure and management styles for support to creativity‘. It,
therefore recommended the creation of an institutional arrangement which provided
co-ordination and interaction among political, administrative rid communication
spheres for policy guidelines and evaluation of ware.

 Further, it recommended the establishment of a National Doordarshan Council to

tender advice to the Minister on the broad social objectives and the modes of TV
programming.
 The Joshi Working Group however, did not favour the freeing of broadcasting from the
control of the I and B Ministry. It had no objection, Doordarshan receiving directives
from the Minister or his deputy.

Nitesh Sengupta Committee

Sen Gupta Committee was set up by the Ministry of Information and Broadcasting vide a
notification dated 28th December, 1995 under the Chairmanship of Dr. N.K. Sengupta to review
the provisions of Prasar Bharati (Broadcasting Corporation of India) Act, 1990 and to make
recommendations regarding the restructuring of Prasar Bharati. Besides Dr. Sengupta, the
other Members are Brig. M.R. Narayanan and Shri Ved Leekha.

The Committee submitted its report on August 1996 and suggested a creation of Radio and
Television authority of India, an independent body which was not part of the Prasar Bharti. The
Prasar Bharti being one of the many players in the Indian broadcasting arena would also be
overseen by the authority as far as complaints function were concerned.
The authority would perform the following functions:
 Lincensing of satellite uplinking, terrestrial analog transmission of radio and television,
terrestrial digital transmission of radio and television and multiplex providers
 Prescribing programming obligations and programming standards to ensure quality and
diversity
 Making arrangements for ascertaining and monitoring public opinion about the
programme and services and ascertaining the needs, interests and tastes of members of
the public.
 Determining the maximum limit for the quantum of advertising content so that the
advertisements were not obtrusive or jarring.
 Receive complaints of violations of norms of decency and of the programming and
advertising codes and adjudicate them after hearing the parties concerned

The sengupta Committee also recommended extending of uplinking facilities to domestic and
foreign satellite channels as it would be beneficial to the nation economically and bringing them
under the purview of the indian laws. While granting licenses the Radio and Television
Authority of India would compel them to adhere to the prevalent programming and advertising
codes. Sengupta Committee pointed out that the 1885 Telegraph Act aimed at checking the
misuse of airwaves had become outdated and required to be recasted. Before providing
uplinking from the indian soil to a foreign party, the credential of the party would have to be
scrutinized.

The Sengupta Committee recommended some changes in the Prasar Bharti Act to
accommodate these provisions and also suggested, “it is necessary to split Akashwani and
Doordarshan into two completely separate wings under the corporate umbrella of the Prasar
Bharti Corporation with close coordination in areas clearly defined and delineated by the
corporation. For all practical purposes they should operate as separate entities. Steps should be
taken to demarcate the hardware and assets between Akashwani and Doordarshan and
bifurcate the personnel across all disciplines”.