The Threat To The Fourth Pillar: Assessing The Conflict Between Legislative Privileges And Press Freedom In India

Aditi Vinay, Symbiosis Law School, Pune

ABSTRACT

At the outset, the tripartite structure of the legislative, executive, and judicial branches lent their support to India’s democratic system. It is evident that the inclusion of each of these components is crucial for the effective operation of the nation. The inclusion of a fourth pillar of democracy was prompted by the rapid expansion and advent of globalisation. The media was designated as the Fourth Pillar of Democracy by Thomas Carlyle. The correlation between rights and responsibilities is readily apparent. Nevertheless, a problem arises when the rights of one individual encroach onto the rights of another individual. Certain privileges were bestowed upon the lawmakers of the nation during the drafting of the Constitution with the purpose of ensuring their protection. The current year of 2023 presents a scenario where the existence of some privileges is at odds with the fundamental rights pertaining to media. Consequently, it is imperative to establish a harmonious balance between these two entities without further delay. The purpose of this paper is to analyse the tension between the rights and responsibilities of the legislature and the media, as well as how this conflict affects democracy. In addition, it expressly addresses “press freedom” and “house contempt.” It provides recommendations that are both practical and effective.

Keywords: Article 194 of the Constitution, Article 105 of the Constitution of India, Contempt of House, Freedom of Press, Freedom of Speech and Expression, Legislative Privileges, Parliamentary Privileges.