FREEDOM OF PRESS IN INDIA :: NO WHERE IT IS MENTIOINED IN INDIAN CONSTITUTION
The Freedom of the Press is nowhere mentioned in the Indian constitution. The Right to Freedom of Speech and Expression is provided in Article 19 of the Indian Constitution. It is believed that Freedom of Speech and Expression in Article 19 of the Indian constitution include freedom of the press.
Citizens of India are guaranteed the right of freedom of speech and expression. Every Indian, including press reporters, can express ideas and views freely through press and public platform.
Freedom of expression enables one to express one’s own voices as well as those of others. But freedom of the press must be subject to those restrictions which apply to the freedom of speech and expression. The restrictions mentioned in Article 19 are defamation, contempt of court, decency or morality, security of the state, friendly relations with other states, incitement to an offence, public order and maintenance of the sovereignty and integrity of India.
The status of freedom of the press is the same as that of an ordinary citizen. The press cannot claim any immunity from taxation, is subject to the same laws regulating industrial relations, and press employees are subject to the same laws regulating industrial employment.
Again, the press enjoys normal freedom of expression guaranteed by Article 19 of Indian Constitution. Hence no law can be passed to abridge its freedom of expression, cannot be subjected to excessive or prohibitive burdens to curtail its circulation and cannot be subjected to specific tax deliberately imposed to limit circulation of information. In gist, the constitution does not grant any power to the government to impose arbitrary restrictions on the press. Politicians in power often feel very tempted to pass laws restricting press freedom, to withhold information likely to generate unfavorable reactions among the people.
In 1976, during the emergency, the Parliament enacted the Prevention of Publication of Objectionable Matter Act. The Janata Government in 1978 repealed the Act. However, the 44th amendment adopted in 1978 has given the Parliament substantial powers to regulate press freedom. A new article, Article 361A has been added to the constitution with this object in view.
Censorship Of The Press - ::
The censorship of the Press is a very crucial and sensitive issue in every democracy. In general press censorship is regarded as very unhealthy check on the freedom of free expression of views. In India, the constitution does not specifically forbid press censorship. Hence only check on the state in resorting to censorship is that it should be reasonable. Even this check on the government was not there before the 1st amendment of the constitution in 1951. But in two cases, Brij Bhusan vs. the State of Delhi and Ramesh Thapar vs. State of Madras, the Supreme Court held that censorship imposes obvious restrictions on freedom of speech and expression. After the last amendment, censorship is permitted if it is reasonable and if it is called for in the interest of public order.
Thus the present position is censorship is valid in times of emergency if it is reasonable and if in the interest of public order. In times of emergency under Article 352 censorship is valid when Article 19 itself stands suspended under Article 358 of the constitution.
Press :: Has It Been Within It's Own Limit
In India the MOOT question is HAS THE PRESS BEEN WITHIN ITS LIMIT OR HAS ITS SURPASSED ALL ITS FREEDOM
Like cricket- they have destroyed, ie, the MEDIA has destroyed every blessed things that this nation had and the GREATEST sufferer has been this NATION.
Well , that is it and That sums it all.
Regards and Thanks
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Shyamal Bhattacharjee
Mr Shyamal Bhattacharjee, the author was born at West Chirimiri Colliery at District Surguja, Chattisgarh on July 6th 1959 He received his early education at Carmel Convent School Bishrampur and later at Christ Church Boys' Higher Secondary School at Jabalpur. He later joined Hislop College at Nagpur and completed his graduation in Science and he also added a degree in B A thereafter. He joined the HITAVADA, a leading dailies of Central India at Nagpur as a Sub-Editor ( Sports ) but gave up to complete his MBA in 1984 He thereafter added a Diploma In Export Management. He has authored THREE books namely Notable Quotes and Noble Thought published by Pustak Mahal in 2001 Indian Cricket : Faces That Changed It published by Manas Publications in 2009 and Essential Of Office Management published by NBCA, Kolkatta in 2012. He has a experience of about 35 years in Marketing .
Signature Of Shyamal Bhattacharjee
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