Legal Risks of Illegal Construction

Y Babji, Advocate
High Court for the State of Telangana
& Supreme Court of India

In rapidly expanding urban neighbourhoods of Hyderabad, a disturbing pattern is becoming increasingly common. Landowners obtain permission for a modest independent residential building, typically a stilt floor for parking and two or three upper floors—but subsequently enter into private arrangements with builders or contractors to construct additional floors, squeeze in extra dwelling units, reduce mandatory setbacks, or encroach upon road margins and common passages, all in pursuit of quick profits. Flats are then sold to unsuspecting middle-class buyers who invest their life savings, often supported by bank finance, under the belief that the project is fully lawful and compliant with municipal regulations.

The real problems begin only after construction is completed or sometimes even while the construction is in progress. Buyers discover that the promised Occupancy Certificate (OC) is unavailable, electricity and water connections are delayed or denied, banks refuse mortgage approvals, registration of undivided share becomes problematic and resale of the flat becomes nearly impossible. Residents may also face insufficient parking, lack of fire safety compliance, blocked ventilation, poor structural stability, leaking sewage lines and absence of legally approved drainage connectivity.

Neighbouring property owners face a different set of hardships. They may suffer loss of privacy due to zero setbacks, obstruction of sunlight and natural airflow, cracks in compound walls caused by deep excavations, blockage of access roads by construction materials, encroachment into road-widening areas, obstruction of storm-water drains leading to flooding, illegal dumping of construction debris and severe traffic congestion in already narrow residential lanes. In many cases, such disputes escalate into police complaints, municipal inspections, civil litigation, writ petitions and prolonged neighbourhood hostility.

What begins as a “private understanding” between a landowner and a contractor often transforms into a serious public law issue involving municipal authorities, fire services, utility agencies, financial institutions, courts and aggrieved citizens. It is therefore essential for landowners, builders, buyers and residents alike to understand that a building permission is not merely a procedural formality, but a statutory covenant rooted in public safety, urban planning and the rule of law.

Unauthorized construction in violation of permissions granted by the Greater Hyderabad Municipal Corporation or any of the newly created 3 Corporations in Hyderabad can attract serious civil, criminal, financial and administrative consequences under the Telangana State Building Permission Approval and Self-Certification System Act, 2020 (TG-bPASS Act), the GHMC Act, 1955 and the Comprehensive Building Rules, 2012. No private agreement, however profitable, can override statutory building norms. The legal consequences are often severe, continuing, and in many cases, irreversible.

1. Void Agreements

Under Sections 10, 23, and 24 of the Indian Contract Act, 1872, any agreement whose object or consideration is unlawful such as constructing extra floors, reducing mandatory setbacks or encroaching upon public roads is void ab initio. Agreements intended to defeat municipal laws or public policy are unenforceable because they are void. Further, unlicensed contractors or persons acting without statutory qualifications may lack legal standing to enforce contractual claims.

2. Court Challenges

Affected parties including neighbours, Resident Welfare Associations (RWAs), apartment owners or concerned citizens may approach constitutional courts by filing writ petitions under Article 226 of the Constitution of India or Public Interest Litigations before the High Court or the Supreme Court, challenging violations of municipal laws, public safety norms and planning regulations. Buyers who have been misled may also seek remedies under the Real Estate (Regulation and Development) Act, 2016 and the Consumer Protection Act, 2019 for misrepresentation, deficiency of service or unfair trade practices.

3. Municipal Enforcement

Municipal authorities possess extensive statutory powers to deal with unauthorized constructions.

Stop Work Notices / Sealing: If deviations such as excess floors, missing setbacks, unauthorized coverage or non-compliance with sanctioned plans are detected, authorities may issue immediate stop-work notices, seal the premises or prohibit further construction under the GHMC Act and TG-bPASS Act.

Demolition Orders: Unauthorized constructions are liable for demolition. Courts, including the Supreme Court and the Telangana High Court, have repeatedly upheld demolition of illegal constructions and recovery of demolition costs from the violators.

No Occupancy Certificate (OC): Even if construction is physically completed, authorities may refuse to issue an Occupancy Certificate. Without an OC, water supply, sewerage connection, electricity, mutation of property records and lawful sale transactions may become impossible.

4. Road Widening and Setback Violations

Where the abutting road width is less than 30 feet, road-widening provisions become mandatory under Rule 4(a) of G.O.Ms.No.168. Builders are required to leave the prescribed area from the road centre line in addition to mandatory front setbacks. The permissible built-up area is calculated only after deducting road-affected areas, master plan reservations, utility corridors and mandatory setbacks. Any construction beyond these limits amounts to a statutory violation.

5. Structural Safety and Criminal Liability

Every multi-storeyed or apartment construction must be designed, supervised and certified by licensed engineers and qualified structural professionals in accordance with the Comprehensive Building Rules, 2012, the National Building Code of India and municipal regulations. Construction undertaken without such professional oversight exposes occupants to serious safety risks. If structural failure results in injury or death, the landowner, builder, contractor and responsible professionals may face criminal prosecution under the Bharatiya Nyaya Sanhita (IPC) for negligence and other penal offences.

6. Fire Safety Compliance

Fire safety is governed by the Telangana Fire Service Act, 1999, the National Building Code, 2016, the TG-bPASS Act and municipal regulations. Key compliance requirements include obtaining Fire No Objection Certificates for buildings exceeding prescribed heights, maintaining adequate setbacks for fire tender movement, providing emergency escape staircases, installing firefighting systems and obtaining certified fire safety designs. Non-compliance may result in refusal of Occupancy Certificate, sealing of the premises and civil or criminal prosecution.

7. Environmental and Utility Violations

Illegal constructions frequently violate environmental norms by blocking natural drains, discharging construction debris into public spaces, damaging sewer lines or obstructing public utilities. Such acts may attract action under municipal nuisance laws, environmental protection regulations and construction and demolition waste management rules.

8. Financial Risks

Banks and financial institutions generally refuse housing loans or mortgage facilities for properties lacking approved plans, completion certificates or Occupancy Certificates. Sub-Registrar offices may flag such properties, making future registration, resale, transfer or marketability highly uncertain. Buyers may find themselves owning an asset that is physically standing but legally vulnerable.

9. Special Enforcement Mechanisms

Special enforcement agencies such as HYDRAA and municipal vigilance wings actively monitor encroachments on roads, lakes, nalas, public utility corridors and master plan reservations. Courts have consistently held that public safety, planned development and environmental protection take precedence over private investments or completed constructions.

Summary of Risks

No private agreement however lucrative, convenient or mutually beneficial can override statutory building norms. Unauthorized construction is treated as a continuing offence. What may initially appear to be a profitable deviation can ultimately lead to litigation, demolition, criminal prosecution, financial loss, denial of civic amenities and irreversible hardship for owners, buyers and the community at large.

In matters of urban development, compliance is not optional. It is the foundation of lawful ownership, public safety and sustainable city living. Roads indicate culture, but buildings indicate the conscience of cities and the civilization.

 

PR: The Fifth Pillar of Democracy

Bridging the Constitution, the State and the Citizen

Y Babji

In modern democracies, three formal organs of the State i.e. the Legislature, Executive and Judiciary are recognised as the constitutional pillars that safeguard governance, policy-making and justice. In India, the media is widely regarded as the “fourth pillar” because of its role in informing citizens and holding power accountable.

Against this established framework, Public Relations deserves recognition as the fifth pillar of democracy. Though not expressly mentioned in the Constitution, PR plays a vital structural and ethical role by connecting institutions of power with the people. It enables communication, participation, trust and understanding, without which democracy cannot truly flourish.

While the concept of the four pillars of democracy is globally recognised, describing Public Relations as the Fifth Pillar is largely an Indian narrative championed by Public Relations Society of India (PRSI). The idea was initially mooted by Dr. C. V. Narasimha Reddi, a veteran public relations professional and former President of the PRSI, along with other PR leaders during the 1990s.

In the early 2000s, Dr. Ajit Pathak formally adopted it as the theme for one of the National Public Relations Day celebrations. This year, at his call, the concept is being reaffirmed by PRSI across its chapters on 21 April.

Constitutional Pillars

The Constitution of India distributes power among three principal institutions. Legislative authority rests with Parliament and the State Legislatures (Articles 245–255). Executive power is vested in the President, Governors and Councils of Ministers (Articles 53 and 74). Judicial authority lies with the Supreme Court, High Courts and Subordinate Courts (Articles 124–147).

The Indian Constitution does not use the phrase “Pillars of Democracy” for Legislature, Executive and Judiciary. However, it is a doctrine of 3 branches that comes from separation of powers, a principle from Montesquieu’s political theory. India adopted this idea.

This separation of powers prevents concentration of authority and promotes checks and balances. Laws are made democratically, implemented administratively and interpreted independently. Yet, constitutional design alone cannot ensure that citizens understand these institutions or trust their functioning. Democracy requires communication and that is where PR becomes indispensable.

Media as Fourth Pillar

Although the Constitution does not explicitly describe the media either as a Pillar or an Estate, its importance arises from Article 19(1)(a), which guarantees freedom of speech and expression. Courts have repeatedly recognised that this includes freedom of the press.

The media informs citizens, exposes abuse of power and creates public scrutiny of governments and institutions. This watchdog function earned it the title of the “fourth pillar.” However, information by itself does not always produce understanding, trust or engagement. Facts must also be explained, contextualised and communicated meaningfully.

Why PR is the Fifth Pillar

Public Relations, in a democratic context, is the systematic management of communication between the State and the People. It is far more than publicity or image-building. At its best, PR creates two-way communication, encourages dialogue, builds confidence and explains governance in the languages that citizens can understand.

In a country as vast and diverse as India with multiple languages, varied literacy levels and differing regional realities, PR translates constitutional ideals into practical awareness. Public campaigns on voting rights, health missions, digital governance, local self-government and welfare schemes all depend on effective PR systems.

Thus, PR transforms democracy from a constitutional structure into a lived experience.

Bridge Between Power and People

The Legislature enacts laws, the Executive implements programmes and the Judiciary protects rights. But none of these institutions can function effectively if citizens remain uninformed, confused or alienated. PR fills this gap by:

1. Simplifying policies into citizen-friendly communication.

2. Creating feedback channels through which public opinion reaches policymakers.

3. Building trust through regular, transparent and responsible communication.

When practised ethically, PR prevents communication from being monopolised by partisan interests or concentrated media ownership. It broadens access to information through regional languages, digital tools and community outreach.

Constitutional Values in Action

Though PR is not expressly named in the Constitution, it gives life to several constitutional values. The Preamble promises liberty of thought and expression. Articles 19 and 21 have been interpreted to include access to information and dignity in public life.

PR supports these values by:

a) Disseminating information about government functioning fairly and widely.

b) Promoting civic education so that citizens can vote responsibly and participate meaningfully.

c) Supporting grievance redressal systems and public consultations.

d) Encouraging dialogue rather than one-way administration.

In this sense, Public Relations humanises governance.

Correcting Media Excesses

The media remains indispensable, but it is not immune to sensationalism, commercial pressure or political bias. Paid news, selective narratives and misinformation can distort public understanding, but professional PR can provide balance by:

1. Releasing accurate facts and timely clarifications.

2. Presenting policies in evidence-based language.

3. Engaging with communities and local media to correct misunderstandings.

4. Offering context that enables informed debate.

Public Relations does not replace the watchdog role of the Media; it strengthens it by ensuring access to credible information.

PR and Accountability

Accountability lies at the heart of constitutional democracy. Judicial review, legislative oversight and administrative responsibility all depend on public awareness. Citizens can hold institutions accountable only when they know what is being done in their name. Public Relations advances accountability through:

1) Public awareness campaigns

2) Transparency portals

3) Social media engagement

4) Budget explanations

5) Scheme outreach

6) Grievance tracking systems

7) Citizen consultations

When budgets, reforms, works, welfare measures and institutional decisions are communicated clearly, scrutiny becomes easier and democracy becomes stronger.

Towards Fifth-Pillar Status

For PR to be fully recognised as the fifth pillar of democracy, the profession must rise above mere publicity and embrace ethical nation-building. This requires:

a) Training in constitutional values, media law and digital literacy.

b) Government communication based on neutrality, transparency and accessibility.

c) Corporate and civil society PR grounded in honesty and social responsibility.

d) Professional standards that value dialogue over Advertising & Propaganda.

When these principles are followed, PR becomes not just a profession, but a democratic institution.

Conclusion

India’s democracy is commonly seen as resting on four pillars viz., the Legislature, Executive, Judiciary and Media. Yet these pillars cannot stand firmly if they remain disconnected from the people.

Public Relations provides the essential link between institutions and citizens. It informs, explains, listens, engages and builds trust. It gives practical meaning to constitutional rights and ensures that democracy is not merely written in law, but understood and experienced in daily life.

For this reason, Public Relations deserves recognition as the Fifth Pillar of Democracy, the living bond between the Constitution, the State and the citizen. It is a professional claim to highlight the role of Public Relations in two-way communication, transparency and pubic consent.

-o0O0o-

May also see this at https://prsi.org.in/2026/04/20/harmony-april-2026/ 

IWD: Empowering Women, Enriching Humanity

Y Babji, Editor, Public Relations Voice

Each year on 8 March, the world unites to observe International Women’s Day (IWD), a day that celebrates women’s achievements while renewing the global commitment to gender equality. More than ceremonial events and social media messages, the day serves as a reminder that women’s rights are fundamental human rights and that gender equality is essential for sustainable progress and social justice.

Historical Origins

International Women’s Day traces its roots to the early twentieth century, a time marked by social reform movements, labour struggles and campaigns for women’s suffrage.

Several milestones shaped its evolution:

• 1908: Thousands of women workers in New York marched demanding better working conditions, fair wages and voting rights.
• 1910: At the International Socialist Women’s Conference in Copenhagen, Clara Zetkin, a German activist and advocate for women’s rights, proposed the idea of an annual international day dedicated to women’s struggles and achievements.
• 1911: The first International Women’s Day was observed across several European countries.
• 1917: Russian women staged a historic strike demanding “Bread and Peace,” which later contributed to the recognition of 8 March as Women’s Day.
• 1975: The United Nations officially began observing International Women’s Day during the International Women’s Year.
• 1977: The UN encouraged member states to formally recognise the day as a global observance.

Over time, International Women’s Day evolved from labour protests into a global platform for policy dialogue, advocacy and celebration of women’s contributions across society.

Purple became the symbolic colour associated with IWD, representing justice, dignity, and the struggle for equality. Wearing purple on this day signifies solidarity with women around the world.

The United Nations has announced the official theme for International Women’s Day 2026 as “Rights. Justice. Action. For ALL Women and Girls.” The global campaign theme is “Give to Gain.” The campaign emphasises a powerful principle. It means, when societies invest in women, everyone benefits. Empowering women is not a loss to others. Rather, it is a collective gain that strengthens families, communities and economies.

The campaign theme highlights three core ideas: (1) Giving Support: Providing education, mentorship, opportunities and resources for women (2) Giving Recognition: Acknowledging women’s contributions in social, economic, scientific and political spheres and (3) Giving Opportunities: Ensuring equal access to leadership, innovation and decision-making roles.

The message is simple yet profound - when women thrive, societies flourish. In contemporary India, women are increasingly moving beyond traditional roles and entering fields such as science, technology, engineering, mathematics (STEM), entrepreneurship, governance and innovation. Many are not only pursuing professional careers but also creating and leading enterprises that contribute to economic growth. Yet structural barriers persist.

Globally, women constitute approximately 49.7% of the population, with a slight male majority. In India, the female population is estimated at around 48.4–48.8%, indicating a continuing gender imbalance.

According to the Global Gender Gap Index 2025, India ranked 131st out of 148 countries, with a gender parity score of about 64.4%, suggesting that more than one-third of the gender gap remains unclosed.

Several indicators highlight ongoing disparities:

• Female literacy has improved but remains lower than male literacy.
• Women’s labour force participation has historically been low.
• Women occupy a relatively small share of leadership and political positions.

These realities indicate that while progress has been made in education and health outcomes, equal access to economic opportunities and decision-making roles remains a challenge.

Women and Economic Development

Gender equality is not merely a social aspiration, but an economic necessity.

Studies consistently show that increasing women’s participation in the workforce significantly boosts national productivity and economic growth. Women’s education and economic independence also have positive ripple effects on family health, child welfare and community resilience.

India has witnessed encouraging trends in recent years. The female Labour Force Participation Rate (LFPR) has risen to approximately 41.7% in 2023–24, reflecting growing involvement of women in the economy. There has also been a notable increase in self-employment and women-led enterprises, particularly in sectors such as digital services, handicrafts, agriculture and start-ups.

The concept of “women-led development” is increasingly gaining recognition as a key driver of inclusive growth.

Politics and Leadership

Women’s political participation worldwide is growing slowly but steadily. Globally, women hold approximately 27% of parliamentary seats. In India, women constitute about 14% of the members of the 18th Lok Sabha.

However, India’s local governance system tells a more encouraging story. Due to constitutional reservations, women occupy nearly 46% of seats in Panchayati Raj Institutions and Urban Local Bodies, demonstrating the transformative impact of affirmative action in grassroots governance.

Legal Safeguards

India has enacted several laws to protect and promote women’s rights. Some important legal frameworks include:

1. Protection of Women from Domestic Violence Act, 2005 providing civil protection to women facing physical, emotional, or economic abuse.
2. Sexual Harassment of Women at Workplace (POSH) Act, 2013 mandating safe workplace environments and grievance redressal mechanisms.
3. Maternity Benefit Act (Amended 2017) ensuring paid maternity leave and job protection for working mothers.
4. Prohibition of Child Marriage Act, 2006 criminalising child marriage and supports annulment of such marriages.
5. Protection of Children from Sexual Offences (POCSO) Act, 2012 protecting children, including girls, from sexual abuse.
6. Reservation for Women in Local Governance providing at least one-third representation for women in Panchayats and urban bodies.

While these laws provide a strong legal framework, effective implementation remains crucial.

Supporting Women’s Empowerment

Numerous organisations work to advance women’s rights globally and in India.

International organisations

1. "UN Women" advocates for gender equality worldwide.
2. "Women’s Global Empowerment Fund" supports economic and educational opportunities for women.

Indian organisations

1. "National Commission for Women (NCW)" monitors and addresses violations of women’s rights.
2. "Self-Employed Women’s Association (SEWA)" empowers women in the informal sector.
3. "All India Women’s Conference (AIWC)" promotes education and social reform.
4. "Breakthrough India and Jagori" work to combat gender-based violence.

These organisations bridge the gap between policy and grassroots action.

Looking Ahead

International Women’s Day calls for both individual and collective action. Meaningful participation may include:

• Supporting women-led businesses
• Mentoring young girls
• Advocating inclusive workplace policies
• Challenging gender stereotypes
• Promoting respectful and equitable social attitudes

The journey toward gender equality is long, but the progress achieved so far demonstrates the transformative power of collective effort.

From History

Interestingly, in ancient India during the Rigvedic period, women enjoyed significant social status, including access to education, property rights and participation in intellectual and religious life. Over time, these rights diminished in later historical periods.

In contrast, ancient Greek society, particularly in Athens, restricted women largely to domestic roles. However, Spartan women enjoyed comparatively greater freedom and responsibility.

These historical comparisons remind us that gender equality has never been static. It evolves with social values and institutional structures.

Conclusion

Women, across nations and cultures, are the true architects of society. They nurture life, shape values, drive innovation and hold communities together with resilience and compassion. When women are empowered and respected, families prosper, communities strengthen and nations rise with dignity.

Let us honor the indomitable spirit of women and commit ourselves to a world where gender equality is not an aspiration but a lived reality.

Patents and the Perils of Incentive-Driven Innovation

Y Babji, Advocate & IPR Attorney

Intellectual Property Rights are intended to protect creativity, reward genuine innovation and encourage research that contributes to societal progress. Patents, in particular, are meant to recognise inventions that are novel, inventive and useful, while also serving as indicators of a nation’s scientific and technological advancement. However, when patent activity becomes incentive-driven rather than innovation-driven, the very spirit of IPR stands at risk of dilution.

Recent public debates sparked by a widely discussed Chinese “robo-dog” episode associated in public discourse with Galgotias University have brought this concern into sharp focus. The controversy is not merely about one institution or one isolated event. It raises deeper questions about how patent-linked incentives, rankings and funding mechanisms can be exploited when safeguards are weak.

Based on patent data from 2023–2024, Galgotias University reportedly filed more patent applications than all 23 Indian Institutes of Technology (IITs) combined. While the IITs together filed 1,106 patent applications, certain private universities significantly outperformed them in sheer filing numbers. Such a disparity, while not illegal in itself, warrants closer examination from a policy and governance perspective.

In India, filing a patent is relatively inexpensive. At the same time, innovation summits, academic schemes and policy initiatives often offer financial incentives, recognition or grants linked to patent filings. In some cases, a modest filing fee can potentially be followed by substantial monetary incentives. The objective behind such schemes is laudable, to encourage students, researchers and institutions to innovate.

However, when quantity begins to overshadow quality, patents risk becoming statistical instruments rather than authentic markers of intellectual contribution. A system in which a small filing cost can unlock large incentives creates an inherent vulnerability particularly when scrutiny at later stages is limited or inconsistent.

When an institution files an unusually large number of patents compared to national benchmarks, legitimate policy questions naturally arise are (1) Are these patents based on original, in-house research? (2) Do they satisfy the legal standards of novelty and inventive step? (3) Or are they strategic filings aimed primarily at maximising incentives, rankings or institutional visibility? These are not accusations, but governance questions that demand transparent, evidence-based answers.

Patent counts also play a role in national evaluation frameworks such as National Institutional Ranking Framework (NIRF), which influence institutional reputation, student admissions, funding access and in some cases, fee structures. When ranking systems reward numerical outputs without proportionate scrutiny of substance, unintended consequences follow.

A self-reinforcing cycle may emerge like this. File more patents and improve rankings. Improve rankings and gain regulatory and financial advantages. Gain advantages and file even more patents.

In such an ecosystem, genuine innovators, especially students and researchers with limited institutional backing risk being crowded out by entities better equipped to navigate procedural loopholes. Innovation gradually shifts from problem-solving to performance metrics.

Another critical dimension is the use of public money. Any incentive or grant linked to patent activity ultimately draws from taxpayer resources. If rewards are issued at early or provisional stages without rigorous evaluation of originality, ownership or commercial viability, the system becomes vulnerable to rent-seeking behaviour, where financial gain overtakes scientific merit.

From an IPR standpoint, this is deeply problematic. Intellectual property is not merely a legal entitlement. It is a moral contract between the innovator and society. When that contract is stretched or manipulated, public trust in innovation ecosystems erodes.

It is therefore essential that this debate does not descend into personalised attacks or institutional vilification. The larger issue is systemic design, not individual intent. Several structural weaknesses demand attention towards (a) Limited scrutiny at the patent-filing and incentive-approval stages (b) Incentives tied to numbers rather than impact or commercialisation (c) Ranking frameworks that privilege volume over value and (d) Insufficient transparency in grant disbursement and audit mechanisms. These gaps explain why similar controversies recur across sectors, not only in higher education, but also in start-ups and research institutions.

The issue of patent integrity must also be viewed alongside concerns about institutional credibility in higher education. As per the UGC, there are 32 fake universities in the country, including 12 in Delhi alone. If institutions are declared fake for violating prescribed norms, does this justify branding Galgotias as fraudulent? While this statistic refers to unrecognised entities rather than accredited private universities, it highlights a broader challenge i.e. regulatory oversight has not always kept pace with rapid institutional expansion.

When oversight is uneven, incentives, whether linked to patents, rankings or grants are more likely to be misused. The result is reputational damage not only to individual institutions, but to India’s higher-education and innovation ecosystem as a whole. India’s innovation ecosystem urgently needs corrective measures. Intellectual Property Rights are a national asset. They must be guarded not only by law, but by integrity, accountability and thoughtful policy design. The present debate, whatever its trigger, should serve as a wake-up call to reform systems rather than sensationalise individuals or institutions.

In the end, a strong IPR regime is not one that produces the most patents, but one that produces the most meaningful ones. Patents that solve real problems, generate real value and genuinely reflect human ingenuity are the need of the hour.

 

CONSTITUTION & BYE-LAWS AT THE MACRO & MICRO LEVELS

- Y Babji, Ex Legal Advisor to PRSI

Every organised collective, whether a nation or a professional society, requires a foundational charter to define its identity, values, powers and processes. At the macro level, the Constitution of India performs this role for the Republic. At the micro level, bye-laws perform a similar function for associations and societies such as the Public Relations Society of India, Hyderabad Chapter.

The Preamble to the Constitution of India, beginning with the historic words: “We, the people of India, having solemnly resolved to constitute India into a Sovereign, Socialist, Secular, Democratic Republic…” declares the source of authority, the collective will of the people and the objectives of governance—Justice, Liberty, Equality and Fraternity. It sets the philosophical and moral compass of the nation, while the Articles of the Constitution translate these ideals into institutions, rights, duties and procedures.

In a comparable manner, the bye-laws of PRSI Hyderabad Chapter serve as the constitutional framework of the organisation. They derive authority from the collective will of the members, define the aims and objectives of the Society, establish structures of governance, prescribe roles and responsibilities, regulate membership, finance and elections and provide mechanisms for discipline and dispute resolution.

While the Constitution of India governs over a billion citizens, ensuring unity in diversity, the bye-laws govern a professional community, ensuring unity of purpose, ethical conduct and institutional continuity. The scale differs, but the principle is identical: no institution can function democratically, transparently or sustainably without a clearly defined constitution.

Thus the Constitution of India is the supreme law at the macro (national) level while The Bye-laws of PRSI Hyderabad Chapter operate as a constitution at the micro (institutional) level

Both aim to (1) Balance authority with accountability (2) Protect rights while prescribing duties (3) Promote order, fairness and harmony and (4) Ensure continuity beyond individuals

The circulation note that follows, therefore, should be read not merely as a procedural document, but as an exposition of the constitutional spirit that sustains PRSI Hyderabad Chapter as a professional, democratic and credible institution, much like the Constitution sustains the Republic of India.

 

CIRCULATION NOTE

[For the benefit of Members who could not attend the Webinar of Y Babji on 6 Feb 2026]

 

“Understanding an Organisation by its Constitution -

Bye-laws of PRSI Hyderabad Chapter”

 

1. INTRODUCTION

The webinar titled “Understanding an Organisation by its Constitution – Bye-laws of PRSI Hyderabad Chapter”, held on 6 February 2026 was aimed at familiarising members with the concept, significance, structure and application of bye-laws, both in general and in the specific context of the Public Relations Society of India (National Council) and its Hyderabad Chapter.

This circulation note presents the important learnings, institutional background and governance provisions discussed during the session, in a concise form.

2. WHAT ARE BYE-LAWS?

Bye-laws are local laws, supplementary in nature, framed by associations, clubs, societies, local bodies etc

Bye-laws regulate the internal affairs, governance and functioning of an organisation. They are subordinate to higher laws, namely Acts and Statutes passed by Legislatures and Parliament and must not be ultra vires (beyond the authority of the parent law).

For an Association of Persons (AoP) or a Body of Individuals (BoI), bye-laws effectively function as the constitution of the organisation.

3. IMPORTANCE OF BYE-LAWS

Bye-laws play a critical role in institutional stability and credibility as they -

• Provide a clear framework for governance, operations and dispute resolution
• Define roles, responsibilities and powers of office bearers and members
• Ensure fairness, transparency, accountability and legal compliance
• Regulate membership, finance, meetings and elections
• Prevent conflicts and promote unity, stability and continuity
• Confer institutional credibility and professional legitimacy

The strength of any society depends on the strength of its bye-laws.

4. STRUCTURE OF BYE-LAWS: Byelaws contain 2 parts i.e. MoA & AoA

a) Memorandum of Association (MoA)

• Defines the organisation’s external relationship and fundamental boundaries
• Contains the Aims and Objects of the Chapter 

b) Articles of Association (AoA)

• Governs internal management and day-to-day functioning
• Covers administration, meetings, elections, finance, discipline and procedures

5. HISTORICAL BACKGROUND OF PRSI

• Post-Independence, two PR circles existed in India: Kolkata and Bombay
• These were merged in 1958 at Bombay by Kali H. Mody, National President
• PRSI was formally registered in 1967 at Bombay
• Headquarters were shifted to Delhi after the First National Conference (1968) organised by Farooq S. Mulla, National President
• National Bye-laws were framed in 1967 amended in 1993, 2009 and 2017

6. ORIGIN AND EVOLUTION OF HYDERABAD CHAPTER

• Formed as the Hyderabad Centre of Public Relations on 6 February 1971, led by Prof. S. Bashiruddin
• Merger with the National Body was planned in 1972, following the visit of Gyan Haksar, National President
• Inaugurated as the Andhra Pradesh Chapter on 7 February 1973 by H.E. Khandubhai Desai, Governor
• Renamed as Hyderabad Chapter on 16 February 1991 by National Council decision

7. REGISTRATION STATUS OF HYDERABAD CHAPTER

Pursuant to a National Council resolution, the Chapter was registered as Public Relations Society, Hyderabad vide Registration No.: 970/2024 under the Societies Registration Act, 2001 with the District Registrar, Registration & Stamps, Medchal–Malkajgiri District

Though registered separately, the Chapter functions as an arm of the PRSI National Body under a Memorandum of Understanding (MoU).

8. AIMS & OBJECTS (HIGHLIGHTS)

The Chapter’s objectives include:

• Recognition of Public Relations as a profession
• Public awareness about the role and potential of PR
• Maintenance of high professional and ethical standards
• Exchange of ideas and best practices
• Research and studies in PR
• Publications and knowledge dissemination
• Operation on a no-profit motive
• No political or agitation activities
• Adherence to the principle of mutuality

9. MEMBERSHIP PROVISIONS

Categories

• Professional Members – Life / Annual
• Associate Members – Life / Annual
• Corporate Members – Annual

(Honorary Membership, Corporate Life Membership and Student Memberships have been dispensed with)

Key Provisions

• Membership year: 1 April to 31 March
• Membership is national, but records are maintained at Chapter level
• No GST on membership subscriptions (mutuality principle)
• Secretary is custodian of membership and other records
• Membership subject to EC approval and National President’s confirmation

10. OFFICE BEARERS & EXECUTIVE COMMITTEE

• Chairman
• Vice Chairman
• Secretary
• Joint Secretary
• Treasurer
• Two Elected EC Members
• Four Co-opted EC Members

(All positions are honorary)

• Elections held once every two years at the AGM
• Elections may be by unanimity, voice vote, show of hands, division or secret ballot
• Patrons, Advisors and Conveners are nominated by the Chairman in consultation with the EC

11. MEETINGS & GOVERNANCE

Executive Committee

• Strength: 7 to 11 members
• Meets at least once a month
• Maximum gap between two meetings: 90 days
• Quorum: 3 or 4 members (depending on strength)
• Minutes to be recorded and circulated within 14 days

General Body

• AGM notice: 21 days
• EGM notice: 15 days
• Quorum: 7 members or 10%, whichever is higher
• Minutes reported to Registrar and circulated to Members within 15 days of the AGM or EGM

12. FINANCIAL & STATUTORY PROVISIONS

Sources of Income

• Membership subscriptions
• Donations and grants
• Delegate and entry fees
• Sponsorships and advertisements

(Except membership fees, all receipts are subject to IT and GST laws)

Accounts

• Financial year: April–March
• Association Year (Fasli year): October–September
• Annual auditing of accounts mandatory
• Accounts approved at AGM

Statutory Payments

• NC affiliation fee: 25% subscription + 100% admission fee
• AIPRC share: 5% delegate fee + 25% net surplus
• Annual IT returns and monthly GST returns are mandatory

13. DISCIPLINE & AMENDMENTS

• Grounds for termination include misconduct, non-payment, resignation, death, or prolonged absence
• Due process: EC resolution, written notice and appropriate action
• Re-admission requires EC resolution and National President’s approval
• Amendments require two-thirds majority at AGM/EGM

14. NATIONAL STRUCTURE & PROGRAMS

National Structure

• National Executive: President, 4 Regional VPs, Secretary General, Secretary–Treasurer
• National Council: About 100 members from 24 Chapters (1:30 ratio)
• NC meets quarterly; decisions are binding on Chapters

Key National Programs

Conferences

• All India PR Conferences
• International PR Festivals

Programmes

• National Quiz
• Orientation Programs

Initiatives

• Open the Door
• Nalanda Student Forum
• PR from Boardrooms to Classrooms

15. CONCLUSION

Bye-laws serve as the internal rulebook of PRSI. They define governance, ensure accountability, provide legal and financial clarity and sustain professional continuity. Strong bye-laws are the foundation of strong, credible and enduring institutions.