PROJECT SYNOPSIS

1. SUBJECT: CONSTITUTIONAL GOVERNANCE

2. AREA: Fundamental Rights

3. TOPIC: Freedom of Press.

4. INTRODUCTION:
The Press is an integral part of any developing society due to the various
functions it performs including the watchdog function. It bridges the gap between
the public and the government by informing the public on what their government
is up to and serves as a platform to reach the government through discussions,
debates and primarily by airing the views of the public.
However, besides this very important function, the press also has other roles
towards its readers like information, education, and entertainment and so on. In
the recent past, the private life of public figures has become a form of
entertainment. Moreover, in this regard, it is necessary to draw the line. The press
definitely has the freedom that it should have to publish the certain news but there
are some, which are not meant to be published. The freedom of the press is not all
exhaustive. In fact, there are no express provisions in any of the laws in India that
explicitly mention the freedom of the press and the extent to which this freedom
can be restricted. The freedom of the press can be derived from Article 19(1)(a)
which provides for “right to freedom of speech and expression”. However this
freedom can be restricted for reasons of "sovereignty and integrity of India, the
security of the State, friendly relations with foreign States, public order,
preserving decency, preserving morality, in relation to contempt of court,
defamation, or incitement to an offence" under Article 19(2).
This, however, is subject to change due to the varying case laws and the Supreme
Court judgements. The project therefore is an attempt to look into these aspects of
the law.

5. Object of the Project:

The object of the project would be to understand the scenario of the Freedom of
Press in India and its evolution.

6. Specific Objectives: The specific objectives of this project are

• To learn how the concept of Freedom of Press evolved in India.
• To understand and analyze how the freedom of press falls under Article
19(1)(a).
• To learn under what circumstances the freedom of press can be limited.
• To learn how case laws have affected the freedom of press.
7. Research Questions: This paper intends to answer the following questions.
 What is the scope of the Freedom of Press in India?
 Whether the Freedom of Press can be restricted or limited?
 How has the meaning of this Freedom of Press changed with
case laws?

8. Period of time intended to cover: Since this is a project involving march of law ,
no specific time frame has been chosen. Cases of prime importance are intended
to be dealt with.

9. Data: Secondary data would be used and utilized in carrying out the research
work. The sources of data would include law reviews, law reporters, textbooks on
the relevant topics and journals.

10. Research Techniques for Data Collection: A research technique of survey of

relevant legislations and judicial decisions would be employed.

11. Methodology to be adopted: Deductive methodology of research is intended to

be employed. The researcher intends to begin from taking generalized notions into
account and draw specific inferences in the light of facts situations.

12. Footnoting Style to be adopted: National Law University standard style of

footnoting will be followed throughout the project.

13. Proposed Bibliography:

 BOOKS-
 H.M. Seervai, Constitutional Law of India (N.M.
Tripathi Pvt. Ltd.1993)
 M.P. Singh, V.N. Shukla, Constitutional Law of
India (Eastern Book Co., 2004)
 D.D. Basu, Shorter Constitution of India (Wadhwa,
2001)
 M.P. Jain, Indian Constitutional Law of India
(Wadhwa, 2003)
 WEBSITES-
 www.manupatra.com
 www.westlaw.com

14. Proposed Classification during the Research Proposal approval for the
Chapterization:
I. Introduction
II. Research Methodology
III. Definition and scope of Freedom of Press
IV. History of Freedom of Press
V. Freedom of Press- a comparison with other countries.
 VI. Case Laws and Analysis-
The researcher intends to take up the following cases for analysis
(indicative list)-
 Ajay Goswami v. Union of India (UOI) and Ors.
[MANU/SC/5585/2006]
 State Through Supdtt., Central Jail, N. Delhi v. Charulata Joshi &
Anr.[AIR (1999) SC 1379]
 Bennett Coleman & Co. and Ors. v. Union of India (UOI) and Ors.
[AIR (1973) SC 106]
 R. Rajagopal alias R.R. Gopal and Another v. State of Tamil Nadu
and Others [AIR (1995) SC 264]
 Prabha Dutt v. Union of India (UOI) and Ors. [AIR (1982) SC 6]
 Abdul Wahab Galadari v. Indian Express Newspaper (Bombay)
Ltd. and others[AIR (1994) Bom 69]
 Bennett Coleman and Company Ltd. and Anr. v. Union of India
(UOI) and Ors[AIR (1986) Bom 321]
VII. Self- regulation in the Press- the Press council of India.
VIII. Conclusion
IX. Bibliography