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Article 361A of The Constitution of India in hindi

(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.]

Summary

Article 361A of The Constitution of India protects individuals and media from legal trouble for publishing true reports of what happens in Parliament or State Legislatures.
This protection applies to both civil lawsuits, like defamation, and criminal charges.
The report published must be substantially true and must not be published with malicious intent.
The legal shield does not apply if the legislature is holding a secret sitting that is not meant for the public.
The rule provides the exact same protection to television and radio broadcasts as it does to printed newspapers.

Practical examples

1A local newspaper publishes an accurate summary of a fierce debate in the State Assembly where a minister was accused of stealing money. Under Article 361A, the minister cannot sue the newspaper for defamation because the report is a substantially true account of the public meeting.

2A radio station airs a live update about a closed-door, secret parliamentary meeting regarding national security. The government takes legal action against the station. The station cannot use Article 361A for defense because the protection explicitly does not apply to secret sittings.

FAQ

1. Does Article 361A of The Constitution of India protect a journalist who writes a fake story about Parliament?

No. Article 361A of the Constitution only protects the publication of a "substantially true report" of the legislative proceedings, and it must not be published with malice.

2. Can a television news channel use the protection of Article 361A of the Constitution?

Yes. Article 361A of the Constitution states that its protections apply to reports broadcast by means of wireless telegraphy, which covers radio and television, just as it applies to newspapers.

3. Under Article 361A of India's charter, is it legal to publish details from a secret government meeting?

No. Article 361A of the Constitution clearly states that its protections do not apply to the publication of any report of the proceedings of a secret sitting of either House of Parliament or a State Legislature.

Test yourself

Q1.Under Article 361A of The Constitution of India, what intent removes the legal protection for publishing a report of legislative proceedings?

Q2.According to Article 361A of the Constitution, which type of legislative event is strictly excluded from publication protection?

Q3.In the context of Article 361A of India's national law, what mediums are protected when sharing legislative reports?

Q4.Comparing the protections in the Constitution, how does Article 361A differ from Article 361 regarding who is protected?

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