Supreme Court Upholds Constitutionality of Wage Boards for Journalists — Act Found Not Ultra Vires. The Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 was upheld as it was not unconstitutional and served a beneficial purpose for working journalists.

  • 2
Judgement Image
Font size:
Print

Case Note & Summary

The Supreme Court dealt with multiple writ petitions filed by the management of various newspapers challenging the constitutionality of the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955. The petitioners sought a declaration that the Act was ultra vires the Constitution, claiming it infringed their fundamental rights under Articles 14, 19(1)(a), and 19(1)(g). They also sought to quash a notification issued by the Central Government accepting the recommendations of the Majithia Wage Boards. The Court examined the historical context of the Act, which was enacted to regulate the conditions of service for working journalists and later amended to include other newspaper employees. The petitioners argued that the Act was outdated and that the Wage Boards had become unnecessary due to changes in the industry and the economy. They contended that the Act imposed unreasonable restrictions on their rights and singled out the newspaper industry for regulation. The Court, however, upheld the constitutionality of the Act, referencing previous judgments that had affirmed its validity. It found that the Act was intended to benefit working journalists and did not infringe upon their freedom of speech and expression. The Court concluded that the classification of working journalists for special treatment was reasonable and justified, thus rejecting the petitioners' claims. The decision reinforced the notion that the Act served a necessary purpose in protecting the rights of journalists in a rapidly evolving media landscape.

Headnote

A) Constitutional Law - Fundamental Rights - Infringement of Rights - Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 - Petitioners challenged the Act as infringing Articles 14 and 19 of the Constitution, claiming it was obsolete and discriminatory. The Court held that the Act was not unconstitutional and served a beneficial purpose for the working journalists (Paras 1-20).

Subscribe to unlock Headnote Subscribe Now

Issue of Consideration

Whether the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 is ultra vires the Constitution and infringes fundamental rights under Articles 14, 19(1)(a), and 19(1)(g).

Subscribe to unlock Issue of Consideration Subscribe Now

Final Decision

The Supreme Court upheld the constitutionality of the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955, ruling that it does not infringe fundamental rights under Articles 14, 19(1)(a), and 19(1)(g). The Court found that the Act serves a beneficial purpose for working journalists and that the classification of working journalists for special treatment is reasonable.

Law Points

  • Constitutional validity
  • fundamental rights
  • Article 14
  • Article 19(1)(a)
  • Article 19(1)(g)
  • Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act
  • 1955
Subscribe to unlock Law Points Subscribe Now

Case Details

2014 LawText (SC) (02) 155

Writ Petition (Civil) No. 246 of 2011

2014-01-15

P. Sathasivam, CJI

Mr. Anil B. Divan, Mr. K.K. Venugopal, Mr. P.P. Rao, Mr. Aman Lekhi, Mr. S.S. Ramdas, Mr. Brijender Chahar, Mr. Gopal Jain, Mr. Akhil Sibal, Mr. Nachiket Joshi, Mr. Anil Shrivastav, Ms. Bina Gupta, Mr. Manoj Goel, Mr. E.C. Agrawala, Mr. Mohan Parasaran, Mr. Colin Gonsalves, Mr. Parmanand Pandey, Mr. Thampan Thomas

ABP Pvt. Ltd.

Union of India

Subscribe to unlock Case Details (Citation, Judge, Date & more) Subscribe Now

Nature of Litigation

Constitutional challenge to the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955.

Remedy Sought

Petitioners sought a declaration that the Act is ultra vires and quashing of the notification accepting Wage Board recommendations.

Filing Reason

Claimed the Act infringes fundamental rights and is outdated.

Previous Decisions

Previous judgments upheld the Act's constitutionality.

Issues

Whether the Act infringes fundamental rights under Articles 14, 19(1)(a), and 19(1)(g). Whether the Wage Boards are improperly constituted.

Submissions/Arguments

Petitioners argued the Act is obsolete and discriminatory. Respondents contended the Act is constitutional and serves a beneficial purpose.

Ratio Decidendi

The Act was upheld as a beneficial legislation aimed at ameliorating the conditions of service for working journalists, and its provisions were found not to infringe upon the fundamental rights of freedom of speech and expression.

Judgment Excerpts

The petitioners challenged the Act as infringing Articles 14 and 19 of the Constitution, claiming it was obsolete and discriminatory. The Court held that the Act was not unconstitutional and served a beneficial purpose for the working journalists. The classification of working journalists for special treatment was reasonable and justified.

Procedural History

The writ petitions were filed under Article 32 of the Constitution challenging the constitutionality of the Act and the notification issued by the Central Government.

Acts & Sections

  • Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955: Sections 9, 13C
  • Industrial Disputes Act, 1947:
Subscribe to unlock full Legal Analysis Subscribe Now
Related Judgement
High Court Madras High Court Dismisses Appeal Against Land Acquisition for Road Widening; Upholds Validity Under Tamil Nadu Highways Act, 2001 Without Separate Notification
Related Judgement
Supreme Court Supreme Court Dismisses Appeal Regarding Citizenship Status of Respondents. The court ruled that the respondents did not cease to be citizens of India as they migrated after the relevant date specified in Article 7.