Delhi HC Upholds Press Council’s Rejection of Editors Guild’s Claim in 15th Press Council Constitution [Read Judgment]

New Delhi: The Delhi High Court has dismissed a writ petition challenging the exclusion of a journalists’ body from the list of eligible “associations of persons” notified for the constitution of the 15th Press Council of India, holding that procedural non-compliance and delay in approaching the Court were fatal to the challenge.

The judgment was delivered on 16 January 2026 by a Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela, in W.P.(C) 16740/2024.

Background to the Dispute:

The petition arose from a notification dated 28 October 2024, issued by the Press Council of India, by which certain “associations of persons” were notified under Section 5(4) of the Press Council Act, 1978, read with the Press Council (Procedure for Notification of Associations of Persons) Rules, 2021.

The petitioner challenged its non-inclusion in the notified list and also assailed the Scrutiny Committee report dated 10 September 2024, which had recommended rejection of its claim for nomination under the category of working journalists under Section 5(3)(a) of the Act.

The petitioner further sought directions for re-evaluation of all claims pursuant to the Press Council’s notice dated 9 June 2024.

Grounds for Rejection by the Scrutiny Committee:

The Scrutiny Committee had rejected the petitioner’s claim on multiple grounds, including:

• failure to notarise key documents such as the registration certificate, memorandum of association, list of members, and minutes of meetings;
• absence of proof showing submission of minutes to the competent authority;
• failure of the certificate issued by the competent authority to certify continuous conduct of business for six years, a mandatory eligibility condition;
• non-submission of a declaration certifying that the claim was free from disputes, encumbrances, or litigation.

The Press Council accepted the Scrutiny Committee’s recommendations in its meeting held on 27 September 2024, noting that the statutory requirement of a three-fourths majority to override the Committee’s findings was not met.

Court’s Analysis: Delay and Mandatory Compliance:

Dismissing the writ petition, the High Court held that inordinate delay in approaching the Court was fatal. The petitioner had knowledge of the Scrutiny Committee’s report and had even made representations against it in October 2024, yet approached the Court only on 2 December 2024, after the notification had already been acted upon and the process for constituting the new Council had progressed.

On merits, the Court rejected the argument that the deficiencies were merely procedural or technical. It held that continuous conduct of business for six years, certification in the prescribed format, notarisation of documents, and submission of declarations were essential requirements, not curable irregularities.

The Bench emphasised that the Rules of 2021 were not in force when the previous Press Council was constituted, and therefore, acceptance of the petitioner’s claim in the 14th Council could not be relied upon as a precedent. Relying on Supreme Court jurisprudence, the Court reiterated that an earlier illegality or irregular acceptance cannot be a basis to compel repetition of the same.

No Right to Cure Defects Post-Scrutiny:

The Court further held that neither the Rules nor the 9 June 2024 notice contemplated granting claimant associations an opportunity to cure defects after scrutiny. Allowing post-scrutiny corrections would delay the constitution of a statutory body whose continuity is essential under the Press Council Act.

Finding no infirmity either in the Scrutiny Committee’s report or in the Press Council’s notification, the High Court dismissed the writ petition, declining to interfere with the constitution of the 15th Press Council of India. No order as to costs was passed.

Case Details: 

• Case Title: Editors Guild of India v. Press Council of India & Ors.
• Court: Delhi High Court
• Case Number: W.P.(C) 16740/2024
• Coram: Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela
• Date of Judgment: 16 January 2026
• For the Petitioner: Mr. Rajshekhar Rao, Senior Advocate
• For the Respondent (Press Council of India): Mr. Vikramjit Banerjee, Additional Solicitor General of India

[Read Judgment]