Home The Constitution Part XIX Article 361A

Art. 361A Part XIX: Miscellaneous

Protection of Publication of Proceedings of Parliament and State Legislatures

Exact text — Constitution of India

(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 any such House as is referred to in clause (1). (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. [Added by the 44th Amendment, 1978]

In Plain English

What this Article actually means

Added in 1978 — a direct post-Emergency reform — this Article protects the media (newspapers and broadcasters) from being sued for defamation or prosecuted, when publishing a substantially true, good-faith report of parliamentary or state legislative proceedings, as long as it isn't done with malice. It doesn't protect reporting on genuinely secret sittings.

Why This Matters To You

How it shows up in everyday life

This is why the press can freely report on heated parliamentary debates, controversial statements made by legislators, and legislative proceedings generally, without fear of defamation liability for accurately conveying what was actually said in the House — a key press-freedom safeguard connected to government accountability.

Read alongside this one

Art. 19 — Protection of Six Freedoms

Frequently Asked

Quick answers about Article 361A

Does this protect a journalist who deliberately distorts what was said in Parliament?

No — the protection requires the report to be 'substantially true' and made without malice; deliberately distorted or malicious reporting falls outside this Article's protection.

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The text above reproduces Article 361A of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.