DAMODARAM SANJIVAYYA NATIONAL LAW

UNIVERSITY

VISAKHAPATANAM, A P., INDIA

PROJECT TITLE:
MEDIA AND POLITICS
SUBJECT:
POLITICAL SCIENCE0
NAME OF THE FACULTY:

MS. T. Y. NIRMALA DEVI

NAME OF STUDENT:
AKHIL H KRISHNAN

ROLL NO. :

18LLB005

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Acknowledgment

I would sincerely like to put forward my heartfelt appreciation to our respected Political
professor, MS. T. Y. NIRMALA DEVI for giving me a golden opportunity to take up this project
regarding “Media and Politics”. I have tried my best to collect information about the project in
various possible ways to depict clear picture about the given project.

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3
INTRODUCTION

Media, both print and electronic, plays a very important role in today’s political scenario. In the
aeon of information technology the main tools of Indian politics is media and it is regarded as the
torch bearer. Media and politics are the two sides of the same coin and none can persist without
the other. It influences public opinion and helps define and take up the issues. We have put our
authority on media as a source to give us news entertainment and education. It has power and
influence to decide who wins the election. It can keep the powerful in check by seeking
transparency in their actions. Thus, an independent media is an effective check on government’s
power and influence over its citizen. Media today is having the power to decide what matter the
people should know and must react. The role of media in bringing up social issues and bringing
together peoples opinion to find a solution for such is always admired. The duty and
responsibility of a media house are to stay neutral and independent in all matters and help the
truth to reach the people. But is that the situation now?

The large impact of media has now made media houses a favorite place for the political parties.
Most of the political parties have been using the media houses as a place to spread their
propaganda. Like politics in India is corrupted the media houses are also now been corrupted.
Media and politics are so interdependent that one cannot survive without another. They are the
same side of the coin and help each other for each other’s survival. Nowadays both society and
political parties largely depend on media houses to decide on their choices. The influence of
media has deep-rooted in minds of society so that they largely depend on media houses to decide
their political preferences.

Along with the mass media, another branch of it which, in today's world, cannot be ignored is the
Social media. The influence of social media in today's world is so much that none of the political
parties can ignore its power. They have created social media cells in order to have a continuous
check and influence on the minds of the youth who makes an un-ignorable vote bank.

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HISTORY
ROLE OF MEDIA

DURING INDEPENDENCE STRUGGLE

Talking about history, the media had played a very important role in the pre independence era.
The major player of that time was the print media. This setup was largely used by the leaders of
the freedom struggle. Netaji Subhash Chandra Bose used Radio Berlin to communicate to
Indians during his stay in Germany. There were many newspapers and magazines published by
the leaders of freedom struggle like Young India by Mahatma Gandhi , Independent by Motilal
Nehru, Kesari by Lokmanya Bala Gangadhara Tilak are some of them.

In 1798, lithography was invented. It used the specially prepared surface of a stone for printing a
script, a picture, or drawing. A large number of copies of the same text could be printed in this
way. From about 1820 onwards, hundreds of pamphlets and books were printed, which catered
to the needs of the growing literate population of India. It was the biggest boon which the West
had conferred on India. As a result, by the end of the nineteenth century, the press had become a
powerful tool for influencing public opinion.

Since the new printing presses were not costly, their number grew at a fast pace. This, in turn,
encouraged a large number of writers to produce literature in different Indian languages. Their
original works as well as translations and adaptations of old Indian and Western classics helped
enrich our cultural heritage. This helped to bring about an awakening of the Indians.
Weeklies, fortnightly journals and daily newspapers were published almost in every language.
Although the total number of readers of newspapers was small as compared to their number in

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the European countries, a whole new set of national literature in the form of novels, essays and
poems played a significant role in generating nationalism.
Bankim Chandra’s Anandamatha, Dinabandhu Mitra’s Neeldarpan, Bhartendu Harish Chandra’s
Bharat Durdasha, Lakshminath Bezbarua’s works in Assamese, Subramaniam Bharti’s writing in
Tamil and Altaf Hussain’s works in Urdu stirred the minds of the Indians.
Media, especially the Print Media, has all along been the backbone of all mass movements or
popular upsurge, and Indian independence struggle is no exception. Right from the time of
India's First War of Independence in 1857, Hindi/Urdu journals like Payam-e-Azadi and
Samachar Sudhavarshan supported the struggle for freedom,and exhorted people to throw out the
British rulers.
This provoked the British to hit back with the notorious Vernacular Press Act, popularly known
as the Gagging Act, imposing many restrictions on the newspapers and periodicals of the day.
Similarly Amrita Bazaar Patrika faced the Government's ire and was forced to close down in
1871,before moving to Calcutta from Jessore to continue their fight against the ruling
establishment.
In fact,many of the tallest leaders of the Freedom movement themselves turned journalists too,
and used the press to propagate their ideas to the masses. The following list of publications run
by some of the leaders would illustrate the point:

 Rastiguftar run by Dadabhai Naoroji.

 Kesari and Maratha both edited jointly by Bal Gangadhar Tilak. For this Tilak Maharaj
was tried and convicted for sedition, and exiled from the country for six years.
 Hindustan run by Madan Mohan Malaviya.
 Punjabi,Bandemataram,The People - all by Lala Lajpat Rai.
 Young India,Navajeevan and Harijan - all edited and run by the Mahatma himself to
communicate his views with his followers.
 In Kerala, Swadeshabhimani, Malayala Manorama, and Mathrubhumi were started to
propagate the message of the freedom movements.

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The owner of the Swadeshabhimani was deported in 1910 for his anti-British stance, the
properties of Malayala Manorama were confiscated in 1938, and Damodara Menon, the editor of
Matrubhumi was arrested in 1942 for supporting the Quit India movement.

In the then Madras presidency, G.Subramania Aiyer, a prominent member of the Indian National
Congress started The Hindu in English in 1878, and Swadesa Mitran ( Friend of Self Rule) in
Tamil in 1881 to propagate the Nationalist ideas. The iconic Tamil poet, Mahakavi Bharathiyar
worked as sub-editor for Swadesamitran for a number of years, fueling the struggle for
independence with his inspiring poems,informative columns and incisive cartoons. Bharathi later
on started his own publications, Indian in Tamil,and Bala Bharathi in English. For his
nationalistic activities, the British tried to imprison Bharathi, and to evade arrest,he migrated to
Pondicherry, then ruled by the French, and continued his activities from there, where he also met
and associated with Sri Aurobindo.
So much for the role of the press/print media,and the challenges faced by them from the colonial
rulers. Now,let us briefly see the role of audio-visual media,namely the Stage and the Movies. In
a scenario where most people are illiterates, even the press can hope to achieve only partial
success. So,it was left to the Theater initially and the movies later to effectively carry the
message to the masses.
I will speak here only about the Tamil stage/movies, as I know little about other
languages/regions. In most of the stage plays, though they were either mythological or folklore,
the actors,who were also great singers used to intersperse the dialogues with the messages of the
leaders like Gandhi,or used to sing songs inspiring nationalist sentiments. I heard from my father
that it was not unusual for Lord Karthikeya on stage to suddenly burst into a song "Pandita
Motilal Nehruvai pari koduthomey" lamenting the demise of Motilal Nehru, or Sage Naradha
break out full throatedly singing "Gandhiyai pol oru santha swarupanai kanbadhu elidhamo" in
praise of the Mahatma and his non violence movement.
The movie moghuls of the day, S.S.Vasan and A.V.Meiyappan made many films either based on
the freedom struggle itself or included song and dance sequences eulogizing nationalist
fervor.For instance AVM made the film Naam Iruvar in 1947, where the famous Bharathi song

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Aaduvome Pallu Paduvome celebrating the Indian independence, and a couple of songs in praise
of the Mahatma were inserted.
Even much before, in 1939, K.Subramnyam one of the pioneers of south Indian cinema made a
film titled Thyagabhoomi (The Land of sacrifice) based on a novel of the same name by the
popular writer of the day, Kalki Krishnamurthy, which dealt with the nationalist theme, and even
had live vignettes of Mahatma Gandhi interspersed in the story.
As can be expected, the British government promptly banned the screening of the film. It was
then that the director,and S.S.Vasan who was the distributor, came up with the novel idea of
throwing open the shows to public totally free. Thus the movie was seen by thousands of people
before the ban could be effected,and even led to lathi charge on the people in the theater
screenign the film,refusing to disperse without seeing the film in full. Such was the role of media
- both print and audio visual - in shaping and mobilizing the peoples' sentiments during the great
Indian freedom struggle.

THE VERNACULAR PRESS ACT

As mentioned earlier, wired by the influence of media in the freedom struggle the British
government was forced to introduce the Vernacular Press act which restricted or banned
many of the publications which influenced the freedom struggle.
Vernacular Press Act, in British India, law enacted in 1878 to curtail the freedom of the Indian-
language (i.e., non-English) press. Proposed by Lord Lytton, then viceroy of India (governed
1876–80), the act was intended to prevent the vernacular press from expressing criticism of
British policies—notably, the opposition that had grown with the outset of the Second Anglo-
Afghan War (1878–80). The act excluded English-language publications. It elicited strong and
sustained protests from a wide spectrum of the Indian populace.
The law was repealed in 1881 by Lytton’s successor as viceroy, Lord Ripon (governed 1880–
84). However, the resentment it produced among Indians became one of the catalysts giving rise
to India’s growing independence movement. Among the act’s most vocal critics was the Indian

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Association (founded 1876), which is generally considered to be one of the precursors of the
Indian National Congress (founded 1885). 1

2) DURING THE NAZI REGIM

Nazism as a totalitarian movement very well understood the power of electronic media at the
beginning of the thirties of last century when it was in its infancy and Joseph Goebbels, the first
man of Hitler’s propaganda in the German media was made a torchbearer of the Nazi regime.
Although the Nazis in terms of professional journalistic ethics may be found at fault with many
things, it is an inevitable fact that they very well understood the power and influence of media.
Their journalistic “spiritus movens” certainly was Joseph Goebbels, who in journalistic circles
was known by often used pseudonym “Dr G”. Nazism is widely known for great brutality and
the death of millions of innocent people but the system was intolerant, had a very complex and
an elaborate media scene. In Hitler’s state, media were the controllers of the heart and minds of
citizens that had to be kept in submission and obedience, with a well-known dictator, and more
open methods of terror such as the Gestapo and the SS. The refined method was brought to
perfection by Goebbels, which is found in a radio speech to directors of companies in 1939, in
which he addressed them with following words that capture the very essence of the Nazi media
system: “This is the secret of propaganda: the one who wants to include propaganda, completely
saturate the ideas, cannot see that it is permeated. It is understood itself to propaganda aims, but
the intention has to be so smart and cleverly hidden, to whom the intention to be fulfilled, it does
not feel” (Knopp, 2009).

ROLE OF MEDIA IN MODERN DEMOCRACY AND POLITICS

Media plays a very important role in Indian democracy and politics. Every democratic set up in
the present day social texture should have been implicated with a special inseparable part i.e. the

1
The Editors Of Encyclopedia Britannica, Vernacular Press Act, Encyclopaedia Britannica (Oct. 15, 2018, 8:30
am), https://www.britannica.com/topic/Vernacular-Press-Act
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press which now expended to include electronic media also. The executive, Legislature and
judiciary are no doubt, three pillar of democracy in India. The media is another equally important
pillar to lend its valuable support to the system and hence is regarded as “fourth Estate” the word
“Estate” has been criticized for its seeming connection with dynastic hierarchy. But in fact it
does not reflect any such imperialistic symptoms because of its multi- pronged functions in
linking the three main systems and correlating them with the social needs to bridge the gulf
between the governors and the governed. The press performs some socially purposeful role. It is
inherent in human nature to have desire to communicate, to exchange ideas, to learn about
changes in the environment and finally to seek the truth. Without such mutual interaction society
.cannot function in order. The press enlightens the public by reporting and interpreting what is
happening in the world around them. Since the newspaper is an eyes for a citizen in the
Democracy.

The media has an educating role, which gives the institution of the press, a very high influence
and the power. The press can be most important educative factor.

The press educates mainly two ways, by giving the new and making clear the background to the
news and by comment. Its duty to give the news and the whole news, without bias, selectivity or
distortion. But the real glory of the press is to fund in its most educative part, comment. This is to
provide sound comment upon public life in all its aspects. This should be the “task” of the press,
source of its power”.

In any democratic country the media plays a vital role in creating molding and reflating public
opinion. Over the years the media became so powerful that it soon acquires the status of fourth
estate as it was aptly described by the British politician Edmund Burke. It is become so
indispensable for the democratic functioning that Thomas Jefferson who was the third US
president (1801-1809) said, “Were it let to me to decide whether we should have a government
without newspapers or newspapers without a government. I should not hesitate for a moment to
prefer the latter”. For the some reason our first prime minister, Jawaharlal Nehru declared, “I
would rather have a completely free press with all danger involved in the wrong use of that
freedom, than a suppressed or regulated press”, in fact media touches almost every aspect of our

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public life. Media plays a very important and crucial role in enlisting and educating the people.
The media can aid public involvement through advocating issues and transferring knowledge,
skill and technologies to the people. Awareness about various rural development programs,
propagation of family planning could be spread by using the media. It made farmers aware of the
new and improvement methods of agriculture and protection of the crops. Media plays very
emphatic role in awakening people against many evils prevailed in the society like child
marriage, killing of female unborn child, the evil practice of child labor etc. though educational
programs, it can cover many student in a single platform. All such things are very important to
run the government and society smooth.

Media has exposed a number of corrupt practices, hidden deals, thus putting a check on the
cancer in the form of corruption in the society. The various news channels keep the vigilant
citizens updated. They organized debates and group discussions about the current political issues
in order to enlighten the people about the democratic process. Media serves as a bridge between
the government and people. The government policies and action are conveyed to the people, and
the latter forcefully expressed to make the authorities aware of the public feelings. It makes
policy maker aware of the wrongs that may otherwise escape attention. During the election
period, the media can play very important role publishing the bio-data of the candidate. Which
makes the general public aware about the vote? An impartial and fearless media is the basic
requirement for the success of democracy. Now a day’s media has become so powerful that it is
in a position to make or break governments, it is usually conceded that John F. Kennedy might
never have been the American president, were it not for his brilliant performance on television.
The same is true about Barak Obama who led his democratic party to victory because of dynamic
confidence by projected over the internet. Heavy media emphasis on news about excess of
Emergency brought about a change in government in India. Even a powerful president like
Richard Nixon was forced to leave the white house due to the exposure by media in the notorious
Watergate scandal. The media has a distinctive role to play in bringing communal harmony
which in turn will preserve the secular fabric of democratic country. It also serves to highlight
those issues which violate human rights media led to the promotion of business through
advertisements. The telecasting of latest updates about techniques of economy management are

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providing fruitful to trade and commerce. Thus a re-look at the role of the fourth estate is the
need of the hour. The media should work towards stories that generate confidence about creative
potential of the grassroots. Thus the media can become a partner in national development.

MEDIA ACTIONS IN CASES OF CORRUPTION

Corruption in public life is a very serious problem the world’s largest functioning democracy is
facing today. Every walk of public life is badly infected with this deadly anti-poor, anti-people
virus. From elected representatives to the Minister and Chief Ministers, from top bureaucrats to a
simple peon, from top defense officials to top police officers, from High Court judges to lower
judiciary, almost every second person associated with governance is under the allegation of
corruption. However, it does not mean that people other than those who are associated with
governance, are free from corruption. Corporate world, film industry and even media person are
deeply involved in some forms of corrupt practices. Neera Radia’s CD episode has exposed
many of the so called high profiled people associated with corporate world and media. Therefore,
it’s not untrue to say that we all, in general, have accepted corruption as the way either to do
things or to get things is done in public life. Corruption that can be defined in simple term as a
form of human behavior which in general departs from ethics, morality, and tradition of a
society, and clearly violates the law of the State, is not as if a new thing in India, however, the
matter of serious societal concern is the quantum and the extent of corruption in public life found
in the last thirty years and so which were definitely unknown previously. Bofors scandal during
the late Rajiv Gandhi regime, and Fodder scam in Bihar during the chief minister ship of Lalu
Prasad Yadav, Jain brothers Hawala scam exposed by „Kalchakrain which, except left parties,
leaders of every major parties were involved, Bangaru Laxman‟s involvement in bribery case as
the president of BJP during the NDA regime, PF scam in UP, Commonwealth game scam,
Aadarsh apartment scam, and the biggest one, the 2-G spectrum scam…. are some of the few
that completely shaken the faith of the common people in the political class and the bureaucracy
of the country. As a matter of fact, the corruption is not just robbing the pocket of the common
people and it ultimately deprives them of their right to development, but it also starts eroding the
legitimacy of the democratic political system of the country which has far more serious
ramification for the parliamentary democracy. There are already laws against corruption and

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governmental agencies; CVC, CBI, Anti-Corruption Bureau, ECI, Lokayukta in many States, to
take action against corrupts, but unfortunately these have been proved futile so far, and the
amount of corruption has increased many folds in public life. As a result, a strong anti-corruption
law and investigating as well as executing agency have become the common demand of the
people and the civil society groups. Country wide demand for JAN LOKPAL and unprecedented
public support for civil society movement “India against Corruption” under the leadership of
social activist, Anna Hazare was merely the reflection of the feeling and anger of the people.
Though existing laws, investigating agencies and judicial system despite their honest or
dishonest efforts could not generate enough positive results. Corruption spread unchecked
anything like from top to bottom in public life. However, the mass media, on the contrary, have
succeeded to a great extent in highlighting the scale and gravity of corruption and in exposing
corrupts through its investigative journalism and organized sting operations. The role of the mass
media as the watchdog of democracy, therefore, is very important and crucial in the battle
against corruption. It was the print media, for instance The Hindu that exposed Bofors scandal
which ultimately had proved politically fatal for the then government in the next national
election. The role of Tehelka magazine is well known in exposing bribery episode of then
president of BJP, Bangaru Laxman, who is finally convicted recently by the court, the sting
operations against some of the MPs asking money for raising questions in the Parliament by the
media people is another example of media’s sustained crushed against corruption at high places.
Later, as a result of these sting operations 11 MPs belonging to Congress, BJP and other parties
were dismissed from the membership of the Parliament by the respective presiding officers. Rob
Jenkins, referring corruption as a very common practice among these days’ politicians, observes:
“…the bribe-taking politicians has become the preeminent symbol of India’s democratic
malaise. The persistence of corruption is a constant reminder that democracy is deepening in
some respects but not others that inclusiveness and accountability does not necessarily
accompany one another”. The mass media is the fourth estate of democracy and it is supposed to
play a vital role in a democracy. Therefore, a free, fair and fearless media is a functional
necessity of a democratic polity because it informs people and provides public space for open
debate on any of the issues that matter for public, and it helps to build public opinion on any
matter of public concern including corruption in public life. The media fights against corruption

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through different angle wages that include investigative journalism, sting operation, holding
public debates against corruption and conducting opinion polls against corruption in public life.
Hence media can be a very crucial instrument in highlighting the issue of corruption and
subsequently exposing the corrupt that may finally help the legal investigating agencies to bring
the corrupt to book. Corruption was not invented in the 1990s.It is invented when the first of two
succeeding wave of anti-corruption activism was unleashed. Allegations of scandal plagued the
17year tenure of India’s first Prime Minister, Jawaharlal Nehru. Two of Nehru’s ministers
resigned under an ethical cloud. During the reign of Nehru’s daughter, Indira Gandhi, corruption
began to become more extortionate, a development largely attributable to the wholesale
induction of organized crime figure into Indian Politics by Sanjay Gandhi, Indira Gandhi’s son
and presumed political heir until his death in a 1980 plane crash. Little has changed in the three
decades since the Bofors affairs. Corruption remains a staple of political discussion. Print,
broadcast and telecast media are filled with charges of corruption and heated discussion about
how best to combat it. Throughout the 1990s, the country witnessed a seemingly endless
procession of “scams”, as the media labeled them – the stock- market scam, the telecom scam,
sugar scam, the fodder scam and others too numerous to mention. Jenkins interestingly mentions
about Jain Brother’s Hawala scams in which politicians from many parties including ministers
and chief minister’s name were found in the diary. Jenkins writes, “There was also the 1996
discovery of an industrialist’s diary that was alleged to show payments to politicians, whose
names were indicated by the use of initials. The Jain Diaries were captivating both because they
appeared to be convincing primary source documents and also they revealed how readily an
entrepreneur could come to see corruption as just another business expense to be recoded”

MEDIA TRIAL
‘Media trial’ is an important phrase which is very relevant in today’s social scenario. “Trial by
Media” or simply “media trial” is a phrase popular to describe the impact of television and
newspaper coverage on the reputation of a person by creating a widespread perception of guilt
regardless of any verdict in a court of law.

During high-publicity court cases, the media are often accused of provoking an atmosphere of
public hysteria akin to a lynch mob which not only makes a fair trial, nearly impossible but

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means that regardless of the result of the trial the accused will not be able to live the rest of their
life without intense public scrutiny.
The counter-argument is that the mob mentality exists independently of the media which merely
voices the opinions which the public already has. But, scrutinizing the reality we get that ti=his
in never true.
Although a recently coined phrase, the idea that popular media can have a strong influence on
the legal process goes back certainly to the advent of the printing press and probably much
further. This is not including the use of a State controlled press to criminalize political
opponents, but in its commonly understood meaning covers all occasions where the reputation of
a person has been drastically affected by ostensibly non-political publications. Often the
coverage in the press can be reflected the views of the person in the street. However, more
credibility is generally given to printed material than 'water cooler gossip'. The responsibility of
the press to confirm reports and leaks about individuals being tried have to come increasing
scrutiny and journalists are calling for higher standards.

Some of the examples of media trial in India are

JESSICA LAL CASE

Jessica Lal was a model in New Delhi, who was working as a celebrity barmaid at a crowded
socialite party when she was shot dead at around 2 am April 30, 1999. Dozens of witnesses
pointed to Siddharth Vashisht, also known as Manu Sharma, the son of Venod Sharma, a wealthy
and influential Congress-nominated Member of Parliament from Haryana, as the murderer. In the
ensuing trial, Manu Sharma and a number of others were acquitted on 21 February 2006.
Following intense media and public pressure, the prosecution appealed and the Delhi High Court
conducted proceedings on a fast track with daily hearings conducted over 25 days. The trial court
judgment was overturned, and Manu Sharma was found guilty of having murdered Lal. He was
sentenced to life imprisonment on 20 December 2006

AARUSHI MURDER CASE

Aarushi Murder case is the perfect example of how ‘Talwars’ were shown as murderers by many
media organizations. Style of writing and headlines were such that the readers and viewers were
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made to believe that the Talwars were guilty of killing their daughter. Even though the case is
still pending before the court but many people have already reached their verdicts. Hopefully, the
judge of the case isn’t one of them.

SALMAN KHAN ACCIDENT CASE

Another case that comes to mind is that of Salman Khan Accident case where media alleged that
Salman was behind the wheels of the car that killed people on the pavement. He became the
victim of the media trial. He has even opened his own website to ensure that people hear his side
of the story. But after a lengthy trial in the court he was convicted for the offence.

SHEENA BOHRA MURDER CASE

The excruciating eyes of the media have pierced the personal life of the main accused Indrani
Mukherji which has kicked in a fresh debate on the issue of media trial of the accused. Every
aspect of her personal life and character which have nothing to do legally with the investigation
of the murder are under public lens of scrutiny via the media. The ethics of journalism have been
trapped again in a controversial area due to their prying eyes on the accused.

Media has helped to ensure that it raises its voice whenever justice has been denied. Media
played a very significant role in the Jessica Lal murder case, Priyadarshni Matoo murder case
where the accused were powerful and they used their power to influence the judiciary and the
witnesses. It doesn’t mean to say that media should not at all discuss court cases, but they should
know where to stop. A line should be drawn and they shouldn’t go all out after one person as few
of the examples have proved. Everyone deserves an equal chance before the law. No one is
guilty unless proven and media has no right to project someone guilty before the court.

Trial by media has created a “problem” because it involves a tug of war between two conflicting
principles free press and free trial, in both of which the public are vitally interested. The freedom
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of the press stems from the right of the public in a democracy to be involved on the issues of the
day, which affect them. This is the justification for investigative and campaign journalism.

INDEPENDENCE OF MEDIA AND ITS RESTRICTIONS

Autonomy of media and its right to speak freely and articulation is a vigorously discussed
subject in the present political situation. The media trials, one-sided detailing and unwanted
interference in specific issues have prompted the need of limiting media to a degree. The right to
speak freely and articulation is likewise incorporated the privilege to opportunity of press. In
spite of the fact that the press and media appreciate the opportunity in communicating their
perspectives, these opportunities are not outright and are liable to specific confinements. Article
19(1) (a) ensures the right to freedom of speech and expression and in addition Article 19 (2)
provides for the exceptions to these freedoms. There are a few grounds under which
confinements can be forced by the State on the activity of the rights to the right to freedom of
speech and expression. Decency and morality is one of the grounds and confinement can be
forced on the delight in these rights on the ground of conventionality and ethical quality. The
administration additionally can limit substance being broadcasted which influences peace,
peacefulness and national security. As per state Article 19(2) the State can't be kept from putting
confinements on the right to freedom of speech and expression on the ground of decency and
morality.

FIRST AMENDMENT: INDIAN CONSTITUTION

Article 19 deals with Freedom of speech and expression. Though the constitution of India
clearly does not mention Freedom of the press, it has been included as part of freedom of speech
and expression, as a basic fundamental right of human being. Freedom of press is implied from
freedom of speech and expression guaranteed under the Article 19(1) (a) of the Constitution.
Freedom of press is essential for proper functioning of democracy. For Democracy it is
necessary to maintain and preserve freedom of speech and expression, but it is also necessary to

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pose some restrictions on this freedom for the maintenance of social order, as no freedom can be
absolute or completely unrestricted.

Relevance of the first amendment of the Indian constitution is that:

1. It added the word reasonable before restrictions,
2. Addition of friendly relations with foreign states,
3. Public order was added.

The state may make law that imposes reasonable restriction on the exercise of right to freedom of
speech and expression which are in the interest of public on basis of eight grounds namely:

1. Public order,

2. Friendly relation with foreign states,

3. Security of state,

4. Contempt of court,

5. Decency and morality,

6. Defamation,

7. Incitement of an offence,

8. Sovereignty and Integrity of India.

Also it is the constitutional obligation of the court to ensure that the restrictions imposed on
media are reasonable and related to purposes as defined by ARTICLE 19(2).

CASES
ROMESH THAPAR V. STATE OF MADRAS

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The first amendment of the Indian constitution was added by Constitution First amendment act ,
1951 to meet the situations raised from supreme court’s decision in the above given case.

FACTS OF THE CASE –

The petitioner was CROSS ROADS (English journal) – editor , printer and Publisher.

Cross Roads was printed and published in Bombay and was considered a left leaning journal,
very critical of a number of the policies of the Nehruvian government. The Madras government
had declared the communist parties illegal. The Government of Madras, in exercise of their
powers under section 9(1-A) of the Madras Maintenance of Public Order Act, 1949 purported to
issue an order No. MS.1333 dated 1st March 1950, whereby they imposed a ban upon the entry
and circulation of the journal in that State. Romesh Thapar approached the supreme with a
appeal that his freedom of speech and expression guaranteed under Article 19(1)(a) was violated
by this ban.

Section 9(1-A) authorised the Provincial Government "for the purpose of securing the public
safety or the maintenance of public order, to prohibit or regulate the entry into or the circulation,
sale or distribution in the Province of Madras or any part thereof of any document or class of
documents".

QUESTION(S) BEFORE THE COURT –

1. Whether Sec. 9 (1-a) of the Madras Maintenance of Public Order Act was saved by Art. 19(2)?

2. Art. 19(2) did not contain the phrase ‘public safety’ or ‘public order’, the question was
whether it could fall under the language of Art. 19(2) and be considered a "law relating to any
matter which undermines the security of or tends to overthrow the State"

Government argued that the expression "public safety" in the Act, which is a statute relating to
law and order, means the security of the Province, and, therefore, "the security of the State"
within the meaning of article 19(2) as "the State" has been defined in article 12 as including,
among other things, the Government and the Legislature of each of the erstwhile Provinces.

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DECISION -
The court stated that the ban would prima facie constitute a clear violation of the fundamental
right of freedom of speech and expression unless it could be shown that the restriction was saved
by the exceptions provided by Art. 19(2) of the Constitution.

"Unless a law restricting freedom of speech and expression is directed solely against the
undermining of the security of the State or the overthrow of it, such law cannot fall within the
reservation under clause (2) of article 19, although the restrictions which it seeks to impose may
have been conceived generally in the interests of public order.

It follows that section 9(1-A) which authorizes imposition of restrictions for the wider purpose of
securing public safety or the maintenance of public order falls outside the scope of authorized
restrictions under clause (2), and is therefore void and unconstitutional. 2

BRIJ BHUSHAN V. STATE OF BIHAR:

FACTS OF THE CASE:

Chief Commissioner of Delhi passed an order under section 7(1)(c) of the East Punjab Public
Safety Act, 1949 against an English weekly of Delhi called the Organizer.

The commissioner had issued the order against the organizer for printing inflammatory materials
with respect to the partition. As per the order, the editor of the Organizer had to submit for
scrutiny, before publication, all communal matter and news and views about Pakistan including
photographs and cartoons other than those derived from official sources or supplied by the news
agencies, viz., Press Trust of India, United Press of India and United Press of America.

2
AIR 1950 SC 124
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QUESTION(S) BEFORE THE COURT –
Whether this order of pre-censorship could be held to be constitutionally valid?

DECISION:

This decision was delivered on the same day as the Romesh Thapar case and the majority in this
case referred to their decision in Thapar’s case and concurred with the findings in the Thapar
case.

The key factor in both the decision was the fact that the phrase ‘public order’ was not included in
Art. 19(2) and that the courts interpreted restrictions on freedom of speech and expression as
being legitimate only if they pertained to "undermining the security of the state or overthrowing
the state". Mere criticism of the government could not be considered as speech which could be
restricted for the purposes of Art. 19(2). 3

3
( 1961) 3 SCR 423
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CONCLUSION
Thus

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BIBLIOGRAPHY

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