Omkar Informatique

Constitution, function and powers of press council
The function of the council is governed under the Press Council Act, 1978. It is a statutory, quasi-judicial body. It acts as the watchdog of the press. It adjudicates the complaints against and by the press for violation of ethics and for violation of the freedom of the press respectively.
The preamble of the Act runs as follows:
“An Act to establish a Press Council for the purpose of preserving the freedom of the Press and of maintaining and improving the standards of newspapers and news agencies in India.”
The purposes of the Act are:
1. to establish a Press Council
2. Such press council is to be established
(a) for the purpose of preserving the freedom of the Press and
(b) for the purpose of maintaining and improving the standards of newspapers and news agencies in India.
Essential features of the Act—
1. CHAPTER II deals with the procedure of establishment of the press council.
(a) Section 4(1) provides that the Central Government may appoint, there shall be established a council by the name of the Press Council of India.

(b) Section 4 (2) makes the Press Council of India as a body corporate having perpetual succession and a common seal and shall by the said name sue and be sued.

2. (a) Section 5 (1) provides that the Press Council of India shall consist of a Chairman and twenty-eight other members.

(b) Under Section 6 (2) the Chairman shall be a person nominated by a Committee. The Committee consists of
(i) the Chairman of the Council of States (Rajya Sabha),
(ii) the Speaker of the House of the People (Lok Sabha) and
(iii) a person elected by the members of the Council under sub-section (6) of Section 6. Section 6 (6) provides that the members of the Council notified under sub-section (5) shall elect from among themselves in accordance with such procedure as may be prescribed a person to be a member of the Committee referred to in sub-section (2) and a meeting of the members of the Council for the purpose of such election shall be presided over by a person chosen from among themselves.
(iv) There shall b other members-
(a) thirteen shall be nominated in accordance with such procedure as may be prescribed from among the working journalists of whom six shall be editors of newspapers and the remaining seven shall be working journalists other than editors, so, however, that the number of such editors and working journalists other than editors in relation to newspapers published in Indian languages shall be not less than three and four respectively;
(b) six shall be nominated in accordance with such procedure as may be prescribed from among persons who own or carry on the business of management of newspapers, so, however, that there shall be two representatives from each of the categories of big newspapers, medium newspapers and small newspapers;
(c) One shall be nominated in accordance with such procedure as may be prescribed from among persons who manage news agencies;
(d) three shall be persons having special knowledge or practical experience in respect of education and science, law and literature and culture of whom respectively one shall be nominated by the University Grants Commission, one by the Bar Council of India and one by the Sahitya Academy;
(e) five shall be members of Parliament of whom three shall be nominated by the Speaker from among the members of the House of the People (Lok Sabha) and two shall be nominated by the Chairman of the Council of States (Rajya Sabha) from among its members. No working journalist who owns, or carries on the business of management of, any newspaper shall be eligible for nomination under clause (a). The nomination under clause (a) and clause (b) shall be so made that the among the persons nominated there is not more than one person interested in any newspaper or group of newspapers under the same control of management..
3. The Chairman and other members shall hold office for a period of three years. The Chairman shall continue to hold such office until the Council is reconstituted in accordance with the provision of section 5 for a period of six months whichever is earlier.

4. A member shall be deemed to have vacated his seat if he is absent without excuse, sufficient in the opinion of the Council from three consecutive meetings of the Council.
5. Section 7 provides that the Chairman shall be a whole-time officer and shall be paid such salary as the Central Government may think fit; and the other members shall receive such allowances or fees for attending the meeting of the Council, as may be prescribed. The conditions of service of members shall be such as may be prescribed. The office of a member of the Council shall not disqualify its holder for being chosen, as, or for being, a member of either House of Parliament.

7. Section8 provides that the Council may constitute from among its members such Committees for general or special purposes as it may deem necessary and every Committee so constituted shall perform such functions as are assigned to it by the Council. The Council shall have the power to co-opt as members of any Committee constituted under subsection (1) such other number of persons, not being members of the Council, as it thinks fit. Any such member shall have the right to attend any meeting of the Committee on which he is so co-opted and to take part in the discussion thereat, but shall not have the right to vote and shall not be a member for any other purpose.

8. Section 9 provides that the Council or any Committee thereof shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by regulations made under this Act. Section 12 provides that all orders and decisions of the Council shall be authenticated by the signature of the Chairman or any other member authorised by the Council in this behalf and other instruments issued by the Council shall be authenticated by the signature of the Secretary or any other officer of the Council authorised in like manner in this behalf.
FUNCTION OF THE COUNCIL—
Chapter iii deals with powers and functions of the council. Those are:
1. Section 13 (1) provides that the objects of the Council shall be:
(a) to preserve the freedom of the Press and
(b) to maintain and improve the standards of newspapers and news agencies in India.

2. Section 13 (2) provides that the Council mayperform the following functions, namely :

(a) to help newspapers and news agencies to maintain their independence;

(b) to build up a code of conduct for newspapers, news agencies and journalists in accordance with high professional standards;

(c) to ensure on the part of newspapers, news agencies and journalists, the maintenance of high standards of public taste and foster a due sense of both the rights and responsibilities of citizenship;

(d) to encourage the growth of a sense of responsibility and public service among all those engaged in the profession of journalism;

(e) to keep under review any development likely to restrict the supply and dissemination of news of public interest and importance;

(f) to keep under review cases of assistance received by any newspaper or news agency in India from any foreign source including such cases as are referred to it by the Central Government or are brought to its notice by an individual, association of persons or any other organisation.

(g) to undertake studies of foreign newspapers, including those brought out by any embassy or other representative in India of a foreign State, their circulation and impact.

(h) To promote a proper functional relationship among all classes of persons engaged in the production or publication of newspapers or in news agencies.

(i) to concern itself with developments such as concentration of or other aspects of ownership of newspapers and news agencies which may affect the independence of the Press;

(j) to undertake such studies as may be entrusted to the Council and to express its opinion in regard to any matter referred to it by the Central Government;

(k) to do such other acts as may be incidental or conducive to the discharge of the above functions.

3. The Council has Power to Censure under Section 14 after following the procedure
(a) It can initiate proceeding on receipt of a complaint made to it or otherwise. The Council may not take cognizance of a complaint if in the opinion of the Chairman, there is no sufficient ground for holding an inquiry.
(b) It shall act after giving the newspaper, or news agency, the editor or journalist concerned an opportunity of being heard.
(c) The Council may hold an inquiry in such manner as may be provided by regulations made under this Act
(d) The Council can pass the following orders:
(i) warn the newspaper, the news agency, the editor or the journalist,
(ii)admonish the newspaper, the news agency, the editor or the journalist or
(iii)censure the newspaper, the news agency, the editor or the journalist or
(iv) disapprove the conduct of the editor or the journalist
(e) Such order must be made in writing
(f) Such order must be made after recording reasons.
(g) Such proceeding can be initiated if the council has reason to believe that a newspaper or news agency has
(i) offended against the standards of journalistic ethics or public taste or
(ii) an editor or working journalist has committed any professional misconduct.:

(h) The Council cannot hold an inquiry into any matter in respect of which any proceeding is pending in a court of law.

(i) The decision of the Council under sub-section ( I ), or sub-section (2), as the case be, shall be final and shall not be questioned in a court of law.

Section 15 (1) provides that for the purpose of performing its functions or holding any inquiry under this Act, the Council shall have the same powers throughout India as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the followings matters, namely:

(a) summoning and enforcing the attendance of persons and examining them on oath;

(b) requiring the discovery and inspection of documents;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or copies thereof from any court or office;

(e) issuing commissions for the examination of witnesses or documents; and

(f) any other matter, which may be prescribed
Section 15 (3) provides that every inquiry held by the Council shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code.