PRASAR BHARATI (BROADCASTING CORPORATION OF INDIA)Central
Section 7 of The Prasar Bharati (Broadcasting Corporation of India) Act, 1990
- (1)Subject to the provisions of sub-section (3), the Chairman or any other Member,except an ex officio Member, the Nominated Member and an elected Member, shall only be removed from his office by order of the President of India on the ground of misbehavior after the Supreme Court, on a reference being made to it by the President, has, on inquiry held in accordance with such procedure as the Supreme Court may by rules provide, reported that the Chairman or such other Member, as the case may be, ought, on such ground, be removed.
- (2)The President may suspend from office the Chairman or other Member except an ex officio Member, the Nominated Member or an elected Member, in respect of whom a reference has been made to the Supreme Court under sub-section (1) until the President has passed orders on receipt of the report of the Supreme Court on such reference. (3)Notwithstanding anything contained in sub-section (1), the President may, by order, remove the Chairman or any Whole-time Member from his office if such Chairman or such Whole-time Member--
- (a)ceases to be a citizen of India; or
- (b)is adjudged an insolvent; or
- (c)engages during his term of office in any paid employment outside the duties of his office; or
- (d)is convicted of any offence involving moral turpitude;or
- (e)is, in the opinion of the President, unfit to continue in office by reason of infirmity of body or mind: Provided that the President may, by order, remove any Part-time Member from his office if he is adjudged an insolvent or is convicted of any offence involving moral turpitude or where he is, in the opinion of the President, unfit to continue in office by reason of infirmity of body or mind.
- (4)If the Chairman or any Whole-time Member, except any ex officio Member, the Nominated Member or any elected Member, is, or becomes in anyway concerned or interested in any contract or agreement made by or on behalf of the Corporation or the Government of India or the Government of a State or,participates in any way in the profit thereof, or in any benefit or emolument arising therefrom than as a member, and in common with other members of an incorporated company, he shall, for the purposes of sub-section (1), be deemed to be guilty of misbehaviour.
- (5)If a Part-time Member is, or becomes in any way concerned, or interested in any contract or agreement made by or on behalf of the Corporation, he shall, for the purposes of sub-section (1), be deemed to be guilty of misbehaviour.
- (6)The Chairman or any other Member may resign his office by giving notice thereof in writing to the President of India and on such resignation being accepted, the Chairman or other Member shall be deemed to have vacated his office.
Summary
- The President of India can remove the Chairman or certain Members for misbehaviour only after the Supreme Court conducts an inquiry and recommends their removal.
- The President may suspend a Member from their duties while waiting for the Supreme Court to finish its inquiry and submit a report.
- The President can bypass the Supreme Court and directly remove a Chairman or Whole-time Member if they lose their Indian citizenship, become bankrupt, take an outside paid job, are convicted of a crime involving moral corruption, or become physically or mentally unfit.
- Having a personal or financial interest in a contract made by the Corporation or the Government is legally treated as misbehaviour, unless the person is merely a standard shareholder in a corporate company.
- Any Member or the Chairman can resign from their position by sending a written notice to the President of India.
Practical examples
1Mr. Sharma, a Whole-time Member, takes up a paid weekend job as a financial consultant for a private media firm in 2024. Because he engaged in paid employment outside his official duties, the President of India can immediately order his removal from the Board without needing a Supreme Court inquiry.
2Ms. Gupta, the Chairman, is accused of awarding Corporation supply contracts to a business owned by her family in 2023. This financial interest is deemed misbehaviour, so the President suspends her while formally referring the case to the Supreme Court for an investigation.
FAQ
1. Can the President fire a Board Member just for disagreeing with government policies?
No, removal is strictly limited to specific legal grounds like bankruptcy, criminal conviction, or proven misbehaviour reported by the Supreme Court.
2. What happens if a Member develops a medical condition that makes them unable to work?
The President has the power to remove a Chairman or Member if they are deemed unfit to continue in office due to a physical or mental infirmity.
3. Does the Corporation itself have the power to fire its own Chairman?
No, the power to remove or suspend the Chairman and Members rests exclusively with the President of India.
Test yourself
Q1.Under Section 7 of The Prasar Bharati (Broadcasting Corporation of India) Act, 1990, who has the legal authority to suspend the Chairman while an inquiry is pending?
Q2.Under Section 7 of The Prasar Bharati (Broadcasting Corporation of India) Act, 1990, which of the following is a valid ground for the President to remove a Whole-time Member directly without a Supreme Court inquiry?
Q3.Under Section 7 of The Prasar Bharati (Broadcasting Corporation of India) Act, 1990, how must a Member resign from their office?
Q4.Under Section 7 of The Prasar Bharati (Broadcasting Corporation of India) Act, 1990, what consequence faces a Part-time Member who gains a personal financial interest in a contract made by the Corporation?