The Prasar Bharati (Broadcasting Corporation of India) Act, 1990

Summary of the Prasar Bharati (Broadcasting Corporation of India) Act, 1990:
Objective
• Establish the Prasar Bharati (Broadcasting Corporation of India)
• Define its composition, functions, and powers
Key Provisions
1. Establishment
• Prasar Bharati (Broadcasting Corporation of India) established by the Central Government
• Body corporate with perpetual succession and a common seal
• Headquarters in New Delhi with potential offices elsewhere in India and abroad (with Central Government approval)
2. Composition of the Board
• Chairman
• Executive Member
• Member (Finance)
• Member (Personnel)
• 6 Part-time Members
• Ex Officio Members:
• Director-General (Akashvani)
• Director-General (Doordarshan)
• Representatives:
• 1 from the Union Ministry of Information and Broadcasting
• 2 from the employees of the Corporation (elected)
3. Appointments
• Chairman and other Members (except ex officio, nominated, and elected members) appointed by the President of India on the recommendation of a committee.
• Committee for Recommendations consists of:
• Chairman of the Council of States (Chairman of the Committee)
• Chairman of the Press Council of India
• Nominee of the President of India
4. Term of Office
• Chairman: Part-time, 3 years or until 70 years of age, whichever is earlier.
• Whole-time Members (Executive, Finance, Personnel): 6 years or until 62 years of age (for Finance and Personnel), 5 years or until 65 years of age (for Executive, as amended).
• Part-time Members: 6 years, with one-third retiring every 2 years.
• Elected Members: 2 years or until they cease to be employees.
5. Powers and Functions
• Executive Member: Chief Executive, exercises powers delegated by the Board.
• Board: General superintendence, direction, and management of the Corporation.
6. Removal and Suspension
• Chairman and Members (except ex officio, nominated, and elected) can only be removed by the President of India on the ground of misbehavior after a Supreme Court inquiry.
• Suspension possible pending inquiry.
7. Other
• Committees and Associations: Corporation can form committees and associate persons for advice.
• Immunity of Proceedings: No act of the Board or committee invalidated by vacancies, defects in constitution, or appointment irregularities (unless affecting the merits of the case).

Legislative History:

The Prasar Bharati (Broadcasting Corporation of India) Act, 1990

Short Title The Prasar Bharati (Broadcasting Corporation of India) Act, 1990

Act Number / Year 25 of 1990

Act ID (India Code) 199025

Presidential Assent Date September 12, 1990

Enforcement Date September 15, 1997

Nodal Ministry Ministry of Information and Broadcasting, Government of India

Precedent & Statutory Rationale

• Background/Transition:

Prior to 1990, India's public broadcasting networks—All India Radio and Doordarshan—operated directly under government control as media units of the Ministry of Information and Broadcasting. Following growing demands from civil society, media experts, and various parliamentary committees (such as the Verghese Committee) for editorial autonomy, freedom from political executive interference, and credible public service broadcasting akin to the BBC, Parliament sought to establish an independent statutory corporation.

• Rationale/Objectives:

The Act was enacted by Parliament to provide for the establishment of a Broadcasting Corporation of India, to be known as Prasar Bharati, and to define its composition, functions, and powers. Its core purpose was to transform state-controlled media into an autonomous public service broadcaster tasked with informing, educating, and entertaining the public impartially, while ensuring balance, objectivity, and freedom of expression.

Parliamentary Trajectory & Legislative Milestones

• Formulation/Introduction:

Introduced by the Ministry of Information and Broadcasting to grant statutory autonomy to state broadcasting media, fulfilling long-standing democratic aspirations for independent public media.

• Legislative Passage & Assent:

Passed by both Houses of Parliament and received presidential assent on September 12, 1990. (Note: Although enacted in 1990, due to subsequent political shifts and administrative reviews, the Act was brought into formal force only on September 15, 1997).

• Statutory Mechanics & Provisions:

o Establishment of Prasar Bharati: Created Prasar Bharati as a body corporate having perpetual succession and a common seal, comprising All India Radio and Doordarshan as its constituent units.

o Composition of the Board: Structured the Prasar Bharati Board to include a Chairperson, an Executive Member, a Member (Finance), a Member (Personnel), six part-time members, representing diverse public interests, alongside ex-officio representatives.

o Objectives and Charter: Mandated the Corporation to uphold the unity and integrity of the country, safeguard democratic values, provide balanced news coverage, promote social justice, and foster national integration.

o Broadcasting Council: Provided for the establishment of a Parliamentary Committee and a Broadcasting Council to receive and consider public complaints regarding the content and quality of broadcasts.

• Presidential Assent: Received Presidential Assent on September 12, 1990.

• Enforcement: Enforced on September 15, 1990.

Source: India Code Official Repository and Ministry of Information and Broadcasting, Government of India Official Records.