R ARIVANANTHAM
As India celebrates the 75th year of its Constitution, a fundamental truth confronts us with uncompromising clarity: a democracy without a free, fearless and economically secure press is a democracy diminished. Few pieces of legislation embodied this truth as powerfully as the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955—a law specifically crafted to protect the freedom of those who hold power accountable.
The repeal of the Act and its subsumption under general labour codes have left the Indian press precariously exposed. Restoring this law is not merely a labour-rights demand; it is a constitutional necessity to protect the Fourth Estate.
- As India marks 75 years of its Constitution, protecting press freedom needs more than symbolism—it needs structural safeguards
- Reinstating the Working Journalists Act is essential to defend newsroom independence and public-interest journalism
- The voice of the Indian press bodies must awaken the powers-that-be from legislative slumber
A Law Born from Constitutional Vision
When lawmakers of the 1950s debated special protections for journalists, they were acutely aware that the press is not just another industry. Parliamentary speeches of the era underscore that journalists are “trustees of public conscience” and that their security is integral to democratic functioning.
Dr. B.R. Ambedkar, Jawaharlal Nehru, and several members of the first Lok Sabha repeatedly emphasised that in a democracy, the press must not be left vulnerable to commercial coercion or political pressure. The Working Journalists Act became the world’s first legislation to recognise that journalism is a public service, not merely a profession.
The Supreme Court repeatedly affirmed this vision.
Noteworthy verdicts include:
Majithia Wage Board Cases (2014 & 2017)
The apex court held that the Act was a beneficial and welfare legislation specifically enacted to protect journalists from exploitation and ensure press freedom. It warned that weakening these protections would have “a chilling effect on the constitutional guarantee under Article 19(1)(a).”
Express Newspapers (1958)
The Supreme Court underlined that the Act was valid because economic vulnerability of journalists directly affects their independence—and thereby the citizen’s right to know.
Sakal Papers (1962) & Bennett Coleman (1973)
Both judgments reiterated that freedom of the press is integral to the freedom of speech, not a privilege of newspaper owners but a constitutional safeguard for the public.
Thus, restoring the Working Journalists Act is nothing but honouring constitutional jurisprudence and legislative intent.
When the Watchdog is Chained, the Republic Stumbles
Indian democracy today faces a paradox: media is more visible than ever, yet its independence is more fragile. Layoffs, pay cuts, opaque contracts, bonded working conditions disguised as “internal policies,” and rising attacks on journalists have created an ecosystem of fear.
Journalists cannot speak truth to power if they are struggling for survival or fearing instant termination for critical reportage. The framers understood this, which is why they created a special law for a special responsibility.
In the Artha Shastra, Kautilya warns kings that “the hidden voices that reveal the truth are the pillars of the state.”
Our journalists are those voices. Weakening their protections weakens the state itself.
Cross-head: Lessons from Our Civilisational Wisdom
Thirukkural: “Say what is true, regardless of fear”
Kural 298 states:
“The duty of speech is to utter words that do no wrong;
Even if truth is bitter, speak it without fear.”
Journalists can only fulfil this Kural if the system protects them from retaliation and exploitation.
Sangam Literature:
In Purananuru, poets counsel kings to keep “those who speak unpleasant truths” close to the throne. The text celebrates fearless counsel as the highest service to the realm—precisely the role of today’s press.
Bhagavad Gita:
Krishna’s exhortation in Gita 3.20–21 reminds us that duty performed without fear or favour sustains the world order. For journalists, their svadharma—the duty to inform—requires a framework that shields them from arbitrary power.
India’s philosophical traditions converge on one principle: truth must stand before power.
A weakened journalism ecosystem pushes truth into retreat.
Why a Special Law Is Non-Negotiable
General labour codes cannot cater to the unique vulnerabilities of journalism. Journalism is not a shift-based industry; it is driven by public duty, irregular hours, sensitive assignments, and risks that no other profession regularly bears.
The Working Journalists Act recognised this through:
- wage boards
- protection from arbitrary termination
- compensation for unfair removal
- special leave and working-hour norms
- job security essential for editorial independence
Rolling this into generic codes erodes sectoral protections and leaves journalists at the mercy of commercial imperatives.
The Collective Voice of India’s Journalists
Every major journalist body—from Press Council of India (PCI observations) to Indian Federation of Working Journalists (IFWJ), Indian Journalists Union (IJU), National Union of Journalists (NUJ), Editors Guild of India, Delhi Union of Journalists, and state-level associations—has urged the government to restore a standalone law.
Their unanimous message is simple:
Protect the messenger, and you protect democracy. Silence the messenger, and you imperil the Republic.
A Call to the Powers-That-Be
The Constitution’s 75th year is not a time for ceremonial speeches alone. It is a moment that calls for legislative courage—the same courage that built the foundations of our democracy.
The government must:
- Restore the Working Journalists Act in its original spirit
- Reinstate wage boards and protections upheld by the Supreme Court
- Ensure independent mechanisms for grievances and job security
- Recognise journalism as a public-service profession requiring specialised safeguards
This is not a partisan issue; it is a national responsibility.
To Protect the Constitution, Protect Those Who Defend It
A Constitution survives not only in courts and legislatures but also in newsrooms. When journalists lose their ability to question, democracy loses its ability to breathe.
Restoring the Working Journalists Act is not about nostalgia—it is about ensuring that the Republic’s conscience remains alive, vigilant and fearless.
India owes this to its founders.
It owes this to its citizens.
And above all, it owes this to truth itself.
Because in a democracy, press freedom is not a luxury — it is the first line of national defence.
(The author of this article is the Executive Editor of Navjeevan Express and former joint secretary of the Madras Press Club)
