Part XIX - Miscellaneous • Article

Article 361A Simplified: Protection of publication of proceedings of Parliament and State Legislatures

Article 361A (Protection of publication of proceedings of Parliament and State Legislatures) outlines general rules for legislative procedures, the language to be used in assemblies, or restrictions on discussions. It ensures the legislature conducts its work in a structured manner without interfering in active court cases.

Official Text

(1) No person shall be liable to any proceedings, civil or criminal, in any court in respect of the publication in a newspaper of a substantially true report of any proceedings of either House of Parliament or the Legislative Assembly, or, as the case may be, either House of the Legislature, of a State, unless the publication is proved to have been made with malice: Provided that nothing in this clause shall apply to the publication of any report of the proceedings of a secret sitting of either House of Parliament or the Legislative Assembly, or, as the case may be, either House of the Legislature, of a State. (2) Clause (1) shall apply in relation to reports or matters broadcast by means of wireless telegraphy as part of any programme or service provided by means of a broadcasting station as it applies in relation to reports or matters published in a newspaper. Explanation.-In this article, “newspaper” includes a news agency report containing material for publication in a newspaper.]

Simple Meaning

Explain Like Ten

Newspapers and TV stations cannot be sued or punished for printing or broadcasting honest, true reports about what politicians say inside the Parliament hall, unless they do it to be mean or tell lies.

Student Mode

Inserted by the 44th Constitutional Amendment Act of 1978. Grants constitutional protection to the publication of substantially true reports of the proceedings of Parliament and State Legislatures (both print and broadcast media). It immunizes publishers from civil and criminal liability (such as defamation) in any court, provided the publication is made without malice. However, this protection does not apply to secret sittings of the legislature.

Example

For a real constitutional problem about protection of publication of proceedings of parliament and state legislatures, Article 361A gives the starting rule and connects it to the wider system of constitutional governance.

Key Takeaway

Article 361A anchors protection of publication of proceedings of parliament and state legislatures within India's constitutional system.

FAQs

What is the historical origin of Article 361A?

It is based on the Parliamentary Proceedings (Protection of Publication) Act, 1956, introduced by Feroze Gandhi (popularly known as the Feroze Gandhi Act). This statutory protection was repealed during the 1975 emergency but restored and elevated to a constitutional status by the 44th Amendment in 1978.

Does Article 361A protect reports of secret sittings of Parliament?

No. The proviso to Article 361A(1) explicitly states that the protection does not apply to the publication of reports of secret sittings of either House of Parliament or a State Legislative Assembly.

Quiz

Which amendment inserted Article 361A to protect the publication of legislative proceedings?

Answer: 44th Amendment

The immunity under Article 361A is lost if the publication of the proceedings is proved to be:

Answer: Made with malice