·The Hindu·15 marks·250–350 words

"Statutory autonomy without functional independence is illusory." Examine this with reference to Prasar Bharati.

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In this answer
  1. What the statute grants
  2. Why functional independence is missing
  3. Counter-view
  4. Way forward

The Prasar Bharati Act, 1990 was meant to make All India Radio (AIR) and Doordarshan autonomous [1]. However, it came into force only in 1997 [2]. Even now, the Ministry of Information and Broadcasting largely controls Prasar Bharati's staff, money and assets. The statement therefore largely holds true.

What the statute grants

  • Insulated appointments: a committee chooses the Board. It is headed by the Rajya Sabha Chairman and includes the Press Council Chairman and a President's nominee. The President then appoints the members [1].
  • Board powers: the Board has "general superintendence, direction and management" of the Corporation [1].
  • Constitutional basis: in Cricket Association of Bengal (1995), the Supreme Court held that airwaves are public property. It said they should be regulated by an independent public authority to serve Article 19(1)(a).

Why functional independence is missing

  • Staff: AIR and Doordarshan staff were never given the transfer option under Section 11. They remain Government employees on "deemed deputation" until they retire [2]. Government rules govern their careers, so the Board cannot protect editorial staff.
  • Finance: Prasar Bharati worked like a government department until its accounts were separated in 2000. It still depends on grants-in-aid and loans [2]. Whoever controls the money sets the priorities.
  • Assets: ownership of AIR and Doordarshan assets was still not transferred by 2016. The Ministry had only "re-initiated" the process [3].
  • Selective reform: the Pitroda Committee's report produced 115 actionable points. Prasar Bharati acted on 83 within its own powers. Five points needed changes to the law and remain with the government [4].

Counter-view

  • The Ministry needs some oversight because public money is involved.
  • However, the 2000 review drew a clear line. Prasar Bharati should answer to Parliament on policy and run its own operations. Its staff should be its own employees, not on deputation [5].

Way forward

  • Amend the 1990 Act so the Board can frame its own service rules [3].
  • Give staff a time-bound transfer option and complete the asset transfer [2][3].
  • Have the Standing Committee review the stalled points every year [4].

Prasar Bharati shows that a statute can declare autonomy, but only control over people, money and assets makes it real. Completing the 2000 review and Pitroda agenda, with Prasar Bharati answerable to Parliament rather than the Ministry, would turn a state broadcaster into a true public service broadcaster. That would serve citizens' right to information under Article 19(1)(a).

Sources

  1. 1The Prasar Bharati (Broadcasting Corporation of India) Act, 1990 — India Codeobjective of autonomy; selection committee; Board's powers
  2. 2Standing Committee on Information Technology (2010–11), 18th Report on Prasar Bharati (Amendment) Bill, 2010 — PRSAct in force 1997; Section 11 option not given; "deemed deputation"; grants-in-aid and loans; accounts separated in 2000
  3. 3Standing Committee on Information Technology (2016–17), Report No. 34 — Lok Sabha Digital LibraryPitroda recommendations; asset transfer "re-initiated"; own service rules
  4. 4Standing Committee on Communications and IT (2021–22), Report No. 34 — Lok Sabha Digital Library115/83/5 implementation status of Pitroda points
  5. 5PIB Release, 22 May 2000 — Summary of Committee recommendations on working of Prasar Bharatiaccountable to Parliament on policy, operational autonomy, staff not on deputation

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