The Prasar Bharati (Broadcasting Corporation of India) Act, 1990
📘 The Prasar Bharati (Broadcasting Corporation of India) Act, 1990
1. Background
Before 1990, radio and television broadcasting in India was controlled directly by the Government through All India Radio (AIR) and Doordarshan (DD).
To make broadcasting more autonomous, impartial, and independent, Parliament enacted the Prasar Bharati Act, 1990 (Act No. 25 of 1990).
The Act came into force on 15th September 1997, when the Prasar Bharati Broadcasting Corporation of India was officially established.
2. Objectives of the Act
To set up Prasar Bharati as an autonomous public service broadcasting corporation.
To ensure broadcasting is conducted in the interest of the public, free from political and government influence.
To promote national integration, culture, education, and information dissemination.
To safeguard freedom of speech and expression under Article 19(1)(a).
3. Structure of Prasar Bharati
The Act created the Prasar Bharati Broadcasting Corporation of India, which consists of:
Chairperson
Executive Member
Members (including representatives for Doordarshan & All India Radio)
Ex-officio members from the Ministries of Information & Broadcasting and Finance
Nominated members (including professionals from literature, science, culture, and social service)
4. Powers and Functions of Prasar Bharati (Section 12)
Prasar Bharati is responsible for:
Upholding the unity and integrity of India.
Safeguarding citizens’ rights to be informed freely and fairly.
Promoting national integration and respect for diversity.
Providing balanced coverage of news, current affairs, sports, culture, science, and education.
Broadcasting programmes for minorities, weaker sections, rural and backward people.
Ensuring impartial political broadcasting, especially during elections.
Preserving art, culture, and heritage of India.
Promoting research and technical development in broadcasting.
5. Autonomy & Accountability
Though autonomous, Prasar Bharati is subject to Parliamentary oversight and annual reports are placed before Parliament.
Government can issue directions in the interest of national security or public order, but not interfere in day-to-day programming.
6. Important Case Laws
(i) Union of India v. Cricket Association of Bengal (1995, SC)
A landmark judgment on broadcasting freedom.
The Supreme Court held:
Airwaves are public property.
Government has no monopoly over broadcasting.
Citizens have a right to broadcast under Article 19(1)(a), subject to reasonable restrictions.
This case strengthened the idea of autonomous broadcasting and directly supported the vision of the Prasar Bharati Act.
(ii) Secretary, Ministry of I&B v. Cricket Association of Bengal (1995)
Reaffirmed that the freedom of speech includes the right to disseminate information through broadcasting media.
Emphasized the need for an independent authority like Prasar Bharati to regulate broadcasting fairly.
(iii) Prasar Bharati v. Association of Radio and Television Engineering Employees (2000, SC)
Employees of Doordarshan and AIR challenged their absorption into Prasar Bharati.
Supreme Court held that employees working in government broadcasting services can be lawfully absorbed into Prasar Bharati, as provided under the Act.
(iv) In Re: Rameshwar Prasad (2006, SC) – indirectly relevant
The Court highlighted that Prasar Bharati, as a public broadcaster, must remain politically neutral and ensure fair coverage, especially during elections.
7. Significance of the Act
Promoted autonomy: Freed AIR and Doordarshan from direct government control.
Public service broadcasting: Ensured programmes serve national, cultural, and educational interests.
Balanced news: Legal framework for impartiality during elections and political coverage.
Cultural preservation: Promoted Indian heritage and languages.
Democratic value: Strengthened Article 19(1)(a) by giving citizens access to fair information.
✅ In summary:
The Prasar Bharati Act, 1990 established an autonomous corporation to run AIR and Doordarshan, ensuring independence, neutrality, and service to the people of India. Through landmark cases like Cricket Association of Bengal (1995), the Supreme Court affirmed that airwaves belong to the people and broadcasting must serve democracy, not political masters.
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