Case Note & Summary
The case involved an appeal concerning the interpretation of sub-section (7) of Section 6 of the Press Council Act, 1978, specifically regarding the eligibility of a member to be nominated for more than two terms. The appellant, Harbhajan Singh, had served two consecutive terms as a member of the Press Council and sought re-nomination for a third term. The Press Council rejected his nomination based on an opinion that the Act barred any individual from serving more than two terms in their lifetime. The appellant challenged this decision in the Delhi High Court, which initially ruled in his favor, stating that the disqualification applied only to retiring members seeking re-nomination, not to those who had completed their terms. However, the Division Bench of the High Court overturned this ruling, interpreting the Act to mean that no member could serve more than two terms in total. The Supreme Court, upon reviewing the case, emphasized the importance of adhering to the plain and ordinary meaning of the statutory language. It concluded that the term 'retiring member' referred specifically to those currently in office and not to those who had previously served. The court restored the Single Judge's decision, allowing the appellant's nomination and clarifying that the Act did not impose a lifetime limit on membership beyond the specified terms. The appeal was allowed with no order as to costs.
Headnote
A) Statutory Interpretation - Eligibility for Nomination - Interpretation of Term Limits - Press Council Act, 1978, Section 6(7) - The court held that the language of the statute clearly indicates that a member can only be re-nominated for one additional term after retiring, and does not bar a person who has previously served two terms from being nominated again after a break. The court restored the decision of the Single Judge, emphasizing the need to adhere to the plain meaning of the statutory language (Paras 1-6).
Issue of Consideration
Interpretation of sub-section (7) of Section 6 of the Press Council Act, 1978 regarding term limits for Council membership.
Final Decision
The Supreme Court allowed the appeal, restored the Single Judge's decision, and clarified that the language of the Press Council Act permits a member to be nominated again after serving two terms, without imposing a lifetime limit on membership.
Law Points
- Statutory interpretation
- eligibility for nomination
- legislative intent
- Press Council Act
- 1978
- re-nomination limits
