Constitutionality Of Section 5b Of The Indian Cinematograph Act, 1952
The Supreme Court recently in the case of Viacom 18 Media Private Limited and Ors. v. Union of India And Ors., held that once an expert body has determined the maintainability of a film in view of its effect on public order, the states cannot refuse such a film for public exhibition on the grounds that it may imperil public order.
The power to refuse a film for public exhibition on the grounds of public order is conferred to the Central Board of Film Certification by virtue of Section 4(1) (iv) read with Section 5B of the Indian Cinematograph Act, 1952 (the act).
Section 4(1)(iv) allows for the refusal of certification of films while Section 5B reads:
A perusal of this provision makes it patent that it is pari materia with the restrictions on free speech espoused in Article 19(2) of the Constitution of India (the Constitution). The constitutionality of Section 5B was affirmed in the case of K.A. Abbas v. Union of India, wherein the court held:
“With this preliminary discussion we say that censorship in India (and pre-censorship is not different in quality) has full justification in the field of the exhibition of cinema films.”
It is, however, pertinent to note that the constitutionality of Section 5B was only affirmed in response to its incongruence with Article 19(1)(a) of the Constitution which guarantees free speech. In this piece, I shall attempt to explore the constitutionality of Section 5B in terms of the federal structure enshrined in the Constitution
هذه القصة مأخوذة من طبعة May 2018 من LawZ Magazine.
ابدأ النسخة التجريبية المجانية من Magzter GOLD لمدة 7 أيام للوصول إلى آلاف القصص المتميزة المنسقة وأكثر من 9,000 مجلة وصحيفة.
بالفعل مشترك ? تسجيل الدخول
هذه القصة مأخوذة من طبعة May 2018 من LawZ Magazine.
ابدأ النسخة التجريبية المجانية من Magzter GOLD لمدة 7 أيام للوصول إلى آلاف القصص المتميزة المنسقة وأكثر من 9,000 مجلة وصحيفة.
بالفعل مشترك? تسجيل الدخول
Freedom Of The Press: Print Media Near -Vs- Minnesota
This 1931 case is a landmark judgement highlighting the constitutional protection given to the freedom of the press.
Protection To Woman
Well, the Indian Penal code, acts as a sword as well as a shield for the Indian women.
Corporate Governance Past, Present & Future In India
While corporate governance may not dictate the economic prospects of developing countries, it certainly plays an integral role in shaping them. Corporate governance deals with the rights and responsibilities of a company’s management, its board, shareholders and various stakeholders.
Builders Can't Force Buyers To Go For Arbitration
It is a well settled law that arbitration agreements do not bar the jurisdiction of the National Consumer Disputes Redressal Commission (‘NCDRC’) and other consumer forums. The issue was, however, reconsidered at length by a Full Bench of the NCDRC, in Aftab Singh v Emaar MGF Land Limited &Anr [Consumer Case No 701 of 2015] in view of the amendments to the Arbitration and Conciliation Act 1996 (‘the Amended Act’).
The Unwanted Acid
Incidents of acid attacks in which the perpetrator throws acid at the face of the victim are on rise. Such acid violence have a specific gender dimension in India as a majority of reported victims have been women. While acid attacks constitute only a fraction of the total number of violent incidents against women, they are among the most horrific examples of brutality inflicted on women.
Iran Deal Withdrawal
WORST DEAL OR WORST MISTAKE
Law Regulating
ELECTIONS IN INDIA
Karl Marx
Karl Marx has been without doubt one of the most influential socialist thinkers till date. Although he was largely ignored by scholars, his social, economic and political ideas gained rapid acceptance.
Virtual Currencies In India Journey So Far
Bitcoin has been the talk of the market yet has the government report closed the doors to its development.
Applicability Of GDPR On Goods And Services Offered Over The Websites Outside The European Union
Applicability of the EU data Protection laws outside its territory and provision for its intl. avoidance
