“Judicial recognition of the media as a public functionary expands constitutional accountability but also raises concerns for press freedom.” Discuss.

Topic: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure

Q3. “Judicial recognition of the media as a public functionary expands constitutional accountability but also raises concerns for press freedom.” Discuss. (15 M)

Difficulty Level: Medium

Reference: TH

Why the question

The recent Delhi High Court (2026) judgment recognising the media as performing a public function has reignited the debate on constitutional accountability, press freedom and the horizontal application of Fundamental Rights.

Key Demand of the question

The question requires discussing how judicial recognition of the media as a public functionary strengthens constitutional accountability, examining the concerns it raises for press freedom, and suggesting an appropriate way forward to balance competing constitutional values.

Structure of the Answer:

Introduction

Briefly mention the expanding scope of constitutional accountability and the evolution of horizontal application of Fundamental Rights.

Body

• Constitutional accountability: Mention how recognising the media as a public functionary strengthens protection of Fundamental Rights and public accountability.
• Concerns for press freedom: Mention the implications for media independence, investigative journalism and constitutional freedoms.
• Way forward: Mention measures to balance privacy, accountability and freedom of the press through judicial and institutional safeguards.

Conclusion

Conclude by emphasizing that constitutional democracy requires both an accountable media and an independent press, balanced through constitutional principles.