Open Access Research Article
Press As The Fourth Pillar Of Democracy (By- Adv. Chandrakant S. Bhosale)
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Article Details
Press As The Fourth Pillar Of
Democracy
Authored By- Adv.
Chandrakant S. Bhosale
Abstract:
After
guaranteeing Article 19 (1) (a) that is “freedom of speech and
expression” has given rise to the fourth pillar that is “Media”. The role
played by media is crucial it works as a watchdog. The fact is that press is a
source of providing information to individuals. The liberty of the press is the
palladium of all civil, political, and religious rights. In a democratic set up
the press can act as a bridge between the government and the people. This right
is very important at the stage of the formation of the government. Democracy cannot
survive without this right. Press is the fourth pillar of democracy, which
exercises this right of freedom of speech and expression.
Keywords: Press, Fourth
Pillar, and Democracy
Introduction
The
role of media is important as a feedback, exposure, and conduit mechanism in
the country. Most citizens receive their information about what is going on in
the government, and how it affects them, through the filter of the media.
The
media have also played a traditional watchdog and gadfly role, in investigating
misbehaviour by politicians and officials and private business, a role
traditionally summarized as “comforting the afflicted and afflicting the
comfortable.” The media is thus a crucial instrument of accountability, in
addition to being an instrument of communication. A free press and free media
rank along with an independent judiciary as one of the two institutions that
can serve as powerful counter forces to corruption in public and private life.
The
Freedom of the press is regarded as a “species of which freedom of expression
is a genus.” Freedom of the press is the freedom of communication and
expression through vehicles including various electronic media and published
materials. While such freedom mostly implies
the absence of interference from an
overreaching state, its preservation may be sought through Constitutional or
other legal protections.
Right
To Press And Constitution
Article
19(1) (a) of the Indian Constitution states simply that ‘all citizens shall
have the right to freedom of speech and expression’. The companion article,
Article 19(2) qualifies this right by providing that the State can impose
reasonable restrictions on its exercise:
- In the
interests of the sovereignty and integrity of India
- The security
of the State
- Friendly
relations with foreign states
- Public
order
- Decency or
morality or in relation to contempt of Court
- Defamation
or incitement to an offence
The
Indian Constitution, while not mentioning the word “press”, provides for “the
right to freedom of speech and expression” (Article 19(1)(a)). However this
right is subject to restrictions under subclause (2), whereby 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, court, defamation, or
incitement to an offence”. Laws such as the Official Secrets Act and Prevention
of Terrorist Activities Actvi have
been used to limit press freedom
Any
restriction on Article 19(1) (a) can only is valid if three conditions are met
– It is supported by the authority of law, The law in question is related to
one or more of the permitted heads of restrictions laid down under Article
19(2); and
The restriction is reasonable. It is also necessary that the procedure and the manner in which the restriction is imposed be just, fair and reasonable.
The restriction is reasonable. It is also necessary that the procedure and the manner in which the restriction is imposed be just, fair and reasonable.
Media:
Fourth Pillar Of Democracy
Speaking
of democracy, political scientists and experts always say there are four
pillars of democracy, namely the judiciary, executive, legislative, and media.
More functioning judiciary as an institution of the judiciary, the executive is
more to the government, while the legislature is an institution that makes the
laws and overseeing government performance.
Media
is an important and inseparable part of a democratic society. It is in fact
called the fourth pillar of democracy. Before the advent of electronic media,
print media played an important role in disseminating information to people.
Over the years, a wide variety of media like the press, performing arts,
television, radio, and films have been used for communication.
Furthermore,
the fourth pillar which is also very important in the media. Why the media can
be regarded as the fourth pillar of democracy? Because oftentimes people assume
that the media is more neutral and free from elements of state power, in
contrast with the previous three pillars which are all oriented to power. The
media not only a source of news, but it is also the voice of the people carrier
and fittings. The media also often become a tool for suppressing the three
pillars of democracy before.
There
are a minimal number of pillars needed to support the infrastructure of
democracy. If you wish to build a bridge, there are principles of engineering
that must be followed. Similarly, there are seven main pillars of the
architecture of democracy:
- Elections
- Political
tolerance
- The rule of
law
- Freedom of
expression (it includes the press)
- Accountability
and transparency
- Decentralization
- Civil
society
But
democracy, unlike bridge building, isn’t just science; it is also the art of
the possible. The fourth pillar sustaining democracy is freedom of expression.
What people in civil society are allowed to say, print, distribute, and discuss
is indicative of the democratic nature of a political system. A free press is
one measure of freedom of expression in a society.
The
newspaper not only presents facts but also gives the interpretation of facts
and statements of opinions through its editorials and also propagates ideas and
ideologies. The press has therefore been rightly described as the Fourth
Estate.
Although
no democracy has absolute freedom of speech, unless citizens have the right to
express themselves in the political process, no government can be made
accountable for its actions. Each country places its own limitations on freedom
of expression. What matters is that those limitations are not misused by
political forces to limit public scrutiny of policies and actions that have an
impact on the integrity of governance. For example, if criminal libel laws
effectively thwart whistleblowing on irregularities or corruption, democracy is
diminished. And hence it is also very necessary to limit this influential
institution’s powers.
“Freedom
of Press is not absolute, unlimited and unfettered at all times and in all
circumstances as it would lead to disorder and anarchy.” [xiv] We are the part
of the democratic country and where the citizen is all in all and there must be
check and balances on the government and the media plays that role regarding
the check and balances on the government. Abraham Lincon gave the definition of
democracy in the words, “Democracy is the people, for the people and by the
people.”
Media
is regarded as one of the pillars of democracy. Media has a wide role in
society. Media plays a vital role in the moulding opinion of society and it is
capable of changing the whole viewpoint through which people perceive various
events. The media can be commended for starting a trend where the media plays
an active role in bringing the accused to the hook.
MEDIA
AND DEVELOPMENT
The
media can make a real difference to the lives of poor and disadvantaged people
by:
- making
people more aware of their rights and entitlements;
- enabling
people to have access to government programmes, schemes and benefits;
- making
people more aware of political issues and options and helping to stimulate
debate;
- educating
the public on social, economic and environmental issues;
- drawing
attention to institutional failings – corruption, fraud, waste,
inefficiency, cronyism, nepotism, abuse of power and the like;
- fostering
the exchange of best practices, knowledge resources, access to better
technology, and to better choices;
- creating
pressure for improved government performance, accountability and quality,
for example in service delivery; and
- providing a
discursive space for citizens to dialogue with other actors in the
governance process.
Case Law
In Puttaswamy v. Union of India
case, 2017, the Right to Privacy was declared a fundamental right by the
Supreme Court.Right to privacy is protected as an intrinsic part of the
right to life and personal liberty under Article 21 and as a part of the
freedoms guaranteed by Part III of the Constitution.Right to privacy includes
the right to be forgotten and the right to be left alone.
In Romesh Thapar v/s State of Madras
case, it was observed by Patanjali Shastri a Chief Justice that “Freedom of
speech and press lay at the foundation of all democratic organization, for
without free political discussion no public education, so essential for the
proper functioning of the process of popular government is possible.” In this
case, the English journal “Cross Road” was banned by the Government of Madras.
It was claimed to be violative of freedom of speech and expression.
In Indian Express Newspapers v/s Union of
India case, it was realized that the press is a crucial part of a
democratic setup. The court has an obligation to preserve the freedom of the
press. The court can invalidate laws and executory actions that violate
freedom. The case has given three components and they are as follow:
?
Freedom of
access to all sources of information;
?
Freedom of
publication;
?
Freedom of circulation
In the Sakal Papers v/s Union of India case
the Daily Newspapers (Price and Page)
Order, 1960 which fixed the number of pages and size which a paper could
distribute at a cost was held to be violative of the opportunity of the press
and not a reasonable restriction under Article 19(2).
Why Is
Press Freedom Necessary?
·
It serves as a check on administrators and governments.
·
A free press has a responsibility to lift its voice
against any social disorder or evil.
·
It works towards strengthening a nation's sovereignty and
dignity.
·
It helps to create an atmosphere where peace and harmony
can be cultivated by the country's people.
·
A free press is essential to a democratic society.
·
The press offers the forum for the hearing of a multitude
of voices.
·
At national, regional and local level media is public’s
watchdog as well as it is also an activist and guardian as well as educator and
entertainer.
·
In India, the media has played a crucial role in
providing people with knowledge about social and economic ills.
Conclusion
The
media can make change in the lives of poor and disadvantaged people. Media can
contribute an important role in development of the nation because it covers
each and every part of the society. as
mentioned above most citizens receive their information about what is going on
in the government, and how it affects them, media shows the positivity in the
information then drastic change will be
accord in the society.
The
media plays investigating role in misbehaviour by politicians and officials and
private business, Then media is a crucial instrument of accountability. A free
press and free media rank along with an independent judiciary as one of the two
institutions that can serve as powerful counter forces to corruption in public
and private life.
Article Information
Press As The Fourth Pillar Of Democracy (By- Adv. Chandrakant S. Bhosale)
Authors: Adv. Chandrakant S. Bhosale
- Journal IJLRA
- ISSN 2582-6433
- Published 2022/07/29
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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