Thursday, June 19, 2025

Media's freedom is a fundamental right and an essential part of the constitution; any campaign to elevate it to the status of a fourth pillar is sheer absurdity.

 Some journalists and their so-called organisations seem to possess an abysmally low or almost non-existent understanding of the Indian constitution. They are advocating for the media to be granted the status of a fourth pillar, akin to the Legislature, the Judiciary, and the Executive. The notion of the press as the "fourth pillar" of democracy is widely acknowledged, particularly in democratic nations, though it is not a formal designation recognised across all countries. It serves as a metaphor for the press's role in holding power accountable and informing the public.

In India, the press is often described as the fourth pillar and is constitutionally protected; however, it operates within a framework of laws that balance freedom with other societal values, such as national integrity. While freedom of the press is explicitly provided under the First Amendment of the US Constitution, in India, it is implied under Article 19(1)(a). Hence, the freedom of speech and expression is a fundamental right available to every citizen, regardless of their level of education or status.

In this context, a reference can be made to Phoolan Devi, known as the bandit queen, who later became a member of Parliament. She applied to publish a newspaper from her native district of Mirzapur in Uttar Pradesh. The District Magistrate refused to forward her application to the Registrar of Newspapers of India on the grounds of her illiteracy. The matter escalated to the appellate authority, the Press Council of India. The then-Chairman, Justice P. B. Sawant, summoned the District Magistrate, who appeared along with an Advocate, stating how an illiterate person could serve as the printer, publisher, and editor of a newspaper. Justice Sawant asked whether it was expected that an editor should know everything if a newspaper carried diverse items such as business, sports, politics, crime, and education. The District Magistrate responded that this could be handled by other journalists employed by the newspaper, to which Justice Sawant pointed out that, similarly, Phoolan Devi could employ journalists for her publication. Ultimately, she obtained the necessary permissions to launch the newspaper. This exemplifies the beauty of the Indian Constitution.

Therefore, those demanding that the media be designated as the fourth estate are oblivious to the fact that such inclusion in the fundamental rights ensures full freedom for every journalist. Thus, the demand to establish it as a fourth pillar is not only absurd but impossible, as the basic structure of the constitution cannot be altered, as decided by the Supreme Court in the Keshavanand Bharti case.

 

Monday, June 16, 2025

PRESS COUNCIL MUST BE DISBANDED FOR CONSTITUTING A MEDIA COUNCIL

 

The Press Council of India is a wholly redundant body. It is akin to a crowing hen, which is neither fit for God nor men and becomes a burden on the exchequer. It allows for self-regulation, which is often disregarded rather than adhered to. Section 14 of the Press Council Act stipulates three types of ludicrous punishments. The first is a warning; the second is a reprimand/admonishment, and the third is censure after conducting an inquiry. There is practically no material difference among all three so-called punishments.
Additionally, the Council can require newspapers to publish details of inquiries against them if it deems it necessary for the public interest. However, it cannot investigate matters that are already pending in a court of law, and its decisions cannot be challenged in court. The PCI primarily functions as a moral watchdog, ensuring that the press operates with integrity and accountability. It has no jurisdiction over the electronic or internet media.
When the Press Council was enacted on the recommendations of the first Press Commission, which was headed by Justice GS Rajyadhyaksha, who was then a judge of the Bombay High Court. The First Press Commission of India was appointed in September 1952 and submitted its report in 1954, and in the next year, i.e. 1955, the Working Journalist Act was enacted.
Other Members of the First Press Commission
The other members of the Commission included Dr. C.P. Ramaswami Aiyar, a distinguished lawyer, administrator, and politician, who played a significant role in the Madras Presidency and Travancore, serving as the Dewan of Travancore from 1936 to 1947. Acharya Narendra Dev, an eminent academician and a socialist leader, who had also served as the Vice-Chancellor of the Banaras Hindu University and the Lucknow University. Dr. Zakir Hussain, an academician and later the President of India, Dr VKRV Rao, who was the founder of the Delhi School of Economics and subsequently became a Central Minister, P. H. Patwardhan, a key leader in the Marathwada Liberation Movement, which played a crucial role in the integration of the region into India after independence. Shri Patwardhan also struggled against the Nizam of Hyderabad, which led to its annexation in 1948, Tribhuvan Narayan Singh, a journalist, a veteran freedom fighter, and a well-known politician, later became the Chief Minister of Uttar Pradesh, Jaipal Singh Munda was an influential Indian politician, a writer, and sportsman, a member of the Constituent Assembly of India who passionately advocated for the rights of tribal communities. He also captained the Indian hockey team to its first-ever Olympic gold medal in 1928. J. Natarajan, known for his work on the history of Indian journalism, was also a member of the first Press Commission. The other two members were A.R. Bhat, an academician and a scientist, and M. Chelapathi Rau, an eminent journalist and the then Editor of the National Herald. The Commission made several significant recommendations that laid the groundwork for the regulation and development of the press in independent India.
Establishment of a Press Council was a crucial recommendation of the First Press Commission
The Commission suggested instituting a statutory Press Council as a quasi-judicial body to safeguard the freedom of the press, maintain and enhance journalistic standards, and formulate a professional code of conduct. The Press Council of India was subsequently established in 1966 based on this recommendation, but unfortunately, it failed to achieve its objectives.
Appointment of a Registrar of Newspapers for India
The Commission recommended the creation of a Registrar of Newspapers to maintain detailed records of newspapers and periodicals, verify circulation claims, and track ownership patterns. The RNI was established in 1956 and has since outlived its utility. Introduction of a Price-Page Schedule, which is now meaningless in the current digital media landscape, was also recommended by it.
Enactment of the Working Journalist Act
The Commission recommended measures to ensure fair wages and better working conditions for journalists, leading to the Working Journalists and other Newspaper Employees (Conditions of Services) and Miscellaneous Provisions Act, 1955. Given the unprecedented growth of electronic and internet media, print media has been relegated to an insignificant position. Furthermore, it has now been subsumed in the four labour codes.
Press Council of India Needs to be Disbanded
Therefore, the very establishment of the Press Council of India was meaningless and questionable from the very beginning. However, its worthlessness has now accentuated to an extent that it needs to be disbanded immediately, and a Media Council representative in character and consisting of eminent journalists, jurists, trade unionists, conscientious public figures, and parliamentarians, should be enacted and constituted to serve as the watchdog of the media in the truest sense of the term.
(The writer has served as a member of the Press Council of India for two terms, six years, in the early nineties)

Saturday, June 14, 2025

Anchor cannot be held responsible for the views of panellists


 The Supreme Court bench consisting of Justice Prashant Kumar Mishra and Justice Manmohan delivered a remarkable judgment on 13th June, which should be praised for promoting the freedom of speech and expression as enshrined in the Constitution of India. On 6th June, the Andhra police arrested one Mr K Srinivas Rao, an anchor of the Telugu TV channel Sakshi, for allegedly abetting defamatory and derogatory remarks made by a panellist on his show about Amravati, the new capital of Andhra Pradesh. Amravati is located very close to Vijayawada. The judges stated that the anchor Rao did not make any statement himself; rather, it was one of the participants who contemptuously remarked that Amravati was becoming the ‘capital of sex workers.

There is no doubt that these days, the panellists are invited by the TV channels that subscribe to the views and ideas of those particular channels. They are given the freedom to speak only if they adhere to the channels' views; if their opinions do not suit the channels, the participants are grilled and silenced. This is why panellists often express ideas that are unworthy of their positions. For example, if a newspaper publishes something that is not in good taste, the editor cannot hide behind the excuse that the views belong to the writer, which may not align with the philosophy or thinking of the newspaper. Firstly, the newspaper will not publish anything detrimental to itself, and secondly, if something is deemed inappropriate, it will edit the material. 

Here, however, the Channel anchor stated that it was not its view, but rather the assertion of the guest, V V R Krishnam Raju, who had claimed that Amravati was like a sex capital. It should be noted that the Channel Sakshi is regarded as a mouthpiece of the YSR Congress Party, which is firmly opposed to the Amaravati capital project initiated by the TDP during its previous term in power. Justices Prashant Kumar Mishra and Manmohan asserted that Mr Rao was merely hosting the TV show and that the statement is not attributed to him but to a panellist over whom he had no control. The bench asked for the AP government's response to the petition of the Anchor seeking to quash the FIR against him. However, the Court cautioned Rao not to involve himself in any defamatory statements or permit any panellist to make such a statement on live TV shows.

 

Saturday, June 7, 2025

India has instilled fear in Pakistanis by calling their nuclear bluff.

India has decisively defeated Pakistan in a war that lasted only three days; otherwise, Pakistan would not have requested or even agreed to a ceasefire. Wars between even very strong and weak countries have often continued for months. The Vietnam War, also known as the Second Indochina War, was unique; it lasted for two decades. It was fought in Vietnam, Laos, and Cambodia. North Vietnam received support from China and the Soviet Union, while the South was backed by the United States, Thailand, Australia, and South Korea.

The war commenced on 1 November 1955 and concluded on 30 April 1975. The US began direct military involvement in Vietnam in 1964, which lasted until 1973. Today, the Vietnamese refer to this conflict as the Resistance War Against America. From 1965 to 1973, the US expended $120 billion on the conflict. An estimated 58,200 Americans lost their lives, while around 110,000 were injured. Two million Vietnamese perished, and an additional twelve million became refugees. In 1976, Vietnam was unified as the Socialist Republic of Vietnam.

 Similarly, Russia launched a full-scale invasion of Ukraine on 24 February 2022. Since that time, the conflict has escalated, with intense fighting ongoing across various regions, resulting in thousands of casualties on both sides.

The Gaza-Israel conflict began on 7 October 2023, when Hamas executed a large-scale attack on Israel from the Gaza Strip, leading Israel to declare war and commence military operations. By May 2025, the conflict had caused over 52,000 deaths in Gaza, representing about 2% of the territory’s population. Additionally, around 1,700 Israelis have died, including those killed in the initial attack on 7 October. The war has also led to extensive destruction, with over two-thirds of Gaza’s buildings damaged or destroyed.

In summary, wars can endure for many years; however, in the case of India and Pakistan, Indian forces brought the Pakistanis to their knees in just four days. A significant achievement of this brief conflict was that India revealed the empty threats of Pakistan’s nuclear blackmail. Even Western sources indicate that Indian forces have nearly obliterated Pakistan's nuclear facilities, rendering the so-called Islamic nuclear bombs ineffectual for the future. This is a considerable accomplishment for the Modi government, and hopefully, Pakistan will reconsider engaging in any further terrorist activities, especially given Modi's clear stance that retaliation will now be the new norm. Instilling fear in the enemy's heart is a greater victory than mere killing. 

Wednesday, June 4, 2025

Only technology can eradicate corruption and improve the lives of individuals.


Corruption and bribery are undermining the foundations of our country. These vices flourish under the noses of the government, regardless of the party or person in power. However, it must be noted that the current government has initiated some positive steps to address the roots of corruption, yet much more remains to be done. Even a low-ranking official or employee in a government department earns significantly more than their salary would suggest. This highlights why candidates invest substantial amounts to secure government positions. A current of corruption flows from top to bottom. Given the mindset of the people, it is often assumed that corruption cannot be eradicated. Nevertheless, it can be largely mitigated, not through human intervention but via technological advancements.

Not long ago, when the only methods to remit money were through money orders, hand delivery, or cheques, corruption was rampant. It could take weeks to reach the intended recipient, leaving them in a difficult situation in the meantime. Postmen would accept bribes for distributing money orders. Now, technology has eliminated the need for human intervention, allowing money to be transferred in mere seconds. Even bank clerks previously profited from processing cheques. I have witnessed firsthand the myriad problems faced by pensioners in receiving their pensions. At the start of each month, it was a common sight to see long queues of pensioners outside designated bank windows. They were often accompanied by a younger relative, who would pocket the money from the pensioners and send them back home by bus or auto. The funds were rarely used by the pensioners themselves. Fortunately, with the technology of Direct Bank Transfer (DBT), pensioners no longer need to queue outside banks, as pension amounts are transferred directly to their accounts.

In courts, litigants had to bribe court clerks merely to learn the dates of hearings; however, now there is no need to waste time in courts, as the entire case history can be accessed via mobile phones or computers. Previously, one had to run from pillar to post to obtain a certified copy of an order or judgment to appeal to higher courts, but this process has been streamlined as it can now be accessed from court websites. The Modi government deserves credit for enhancing the use of technology in courts. Similarly, the attestation of documents has significantly reduced the burdens on students. In the past, they had to wait in queues outside the offices of gazetted officers to have their documents attested, but this requirement has now been abolished.

 Under the Pradhan Mantri Kisan Samman Nidhi (PM-KISAN) scheme, eligible landholding farmer families in India receive Rs 6,000 annually. This amount is distributed in three equal instalments of Rs 2,000 every four months. While the total disbursed amount varies slightly depending on the number of eligible beneficiaries, recent data provides an overview of the annual distribution. The 19th instalment, disbursed in February 2025, transferred an estimated Rs 22,000 crore to approximately 9.8 crore beneficiaries. The 18th instalment, released in October 2024, saw over Rs 20,000 crore distributed to more than 9.4 crore farmers. Based on these statistics, it is evident that the annual distribution under PM-KISAN constitutes a significant amount, typically exceeding Rs 60,000 crore. The late Rajiv Gandhi was entirely correct in stating that 85 per cent of the money sent from the government was gobbled up by intermediaries, with only 15 per cent reaching the actual beneficiaries. Had there been no facility for Direct Bank Transfer, farmers would have been deprived of at least 80% of what they currently receive. Therefore, for corruption to be substantially eradicated, technology, particularly AI, should be utilised to its fullest potential across courts, hospitals, police departments, and other sectors.

 

Friday, May 30, 2025

Only artificial intelligence can alleviate the burden on courts


The staggering number of pending cases in various courts across the country has exceeded 5.2 crore. District Courts are inundated with over 85% of these cases, while High Courts and the Supreme Court also contend with a significant number of unresolved cases. Over 180,000 cases have been pending for more than 30 years. Land and property disputes account for 20% of all pending cases and 66% of all civil cases. The number of cases is likely to rise in the coming days for various reasons. The reality is that as long as technology, particularly Artificial Intelligence (AI), is not utilised, incidents of fraud, cheating, false cases, and even legitimate cases will continue to escalate. According to a report published by Niti Aayog in 2018, at the current disposal rate, it would take more than 324 years to clear the backlog.

According to a report published on 13th May in the Hindustan Times, a case of forgery has emerged. In this case, the Supreme Court has withdrawn its ruling in a land dispute after it was brought to its attention that the favourable verdict was obtained through a fabricated settlement and a "ghost" respondent.

On 13 December 2024, the Supreme Court quashed the orders of a Muzaffarpur trial court and the Patna High Court, which were based on a purported compromise agreement between the petitioner and the respondent. However, it was discovered that the supposed respondent was an impostor, and the real respondent was unaware of the proceedings, only learning of the order five months later. He promptly approached the Supreme Court through his lawyer, alleging that the order had been obtained through fraud, deception, and the suppression of material facts.

The petitioner in the case has not only violated legal and ethical norms but has also perpetrated fraud upon the court, which, if not rectified, will embolden such mala fide litigants to continue their deceitful practices, according to the plea. Notably, the original order recorded the appearance of four advocates for the fictitious respondent. However, during a new hearing, a lawyer representing an advocate who had previously appeared informed the bench that he is 80 years old and has not practised law recently.

This situation further underscores the importance of employing Artificial Intelligence (AI), which will aid in identifying cheating, fraud, and forgery by both advocates and litigants. For instance, AI can meticulously adjudicate cases involving land compensation, chalan, and cheque bouncing. Through the proper use of AI, the number of cases could be reduced by more than 50 per cent in under six months.

 

Saturday, May 17, 2025

SCBA must organise a farewell for Justice Bela Trivedi before she formally retires

 

 The SCBA's failure to organise the customary farewell party for Justice Bela M. Trivedi on her last working day brings the SCBA's malaise to the forefront. It must be condemned in the strongest possible terms by everyone. She is one of the few judges who have risen from the ranks to the top court through hard work, diligence, honesty, and commitment. She will retire in June, when the courts will be closed for the summer holiday. Therefore, May 16 was her last working day. She would not hold court for the remaining days in May, as she would be away in a foreign country to attend a family function. 

SCBA has not provided any explanation, much less a plausible one, for its failure to organise the farewell party. Since Kapil Sibal has been the President of the SCBA for many terms, he was at least expected not to politicise the matter. Rumours abound that she was the Law Secretary in Gujarat when Shri Narendra Modi was the Chief Minister, but that could not be a reason for not honouring her with a ritualistic farewell party. She was not appointed to her position based on political affiliations. If this were the reason, many judges would never have been elevated to the bench because they were cardholders of certain political parties. 

Justice Baharul Islam, a staunch communal person, was a Member of the Rajya Sabha before being appointed to the Gauhati High Court. His appointment to the Supreme Court shortly after retiring from the High Court was also very controversial. M. Fathima Bivee was appointed to the Supreme Court many months after she retired from the High Court. Later, she became the governor of Tamil Nadu, which is a political post.  

An illustrious Justice V.R. Krishna served as a Minister in the Namboodiripad government of Kerala before serving as a judge in the Supreme Court. Justice Koka Subba Rao resigned three months before his retirement to contest the presidential election. Justice Mohammad Hidayatullah's brother, Mohammad Ikramullah, was the first foreign secretary of Pakistan who pressured his brother to shift to Pakistan, but there was no ill will against him. Justice Hidayatullah served as the Chief Justice of India. He was also the Vice President of India and acted as the President of India on multiple occasions. 

Justice K.S. Hegde was a member of the Rajya Sabha before his appointment to the Supreme Court. Later, following his supersession, he resigned and contested in the Lok Sabha election to become the Speaker of the House. Many have served as active politicians and worked as judges in the judiciary. 

Since many of the SCBA members are politicians opposed to the current Narendra Modi government, they have exposed themselves to unethical behaviour towards a lady judge who is allegedly close to the current political dispensation. 

There is still time for the SCBA to feel remorse and organise a grand farewell for Justice Bela Trivedi before she formally retires in June. That would certainly be an exculpatory move for the SCBA; otherwise, posterity will never forgive or forget the present office-bearers.