Courtesy-Medium.com
On the draft Cinematograph (Amendment) Bill, 2021, which suggests bringing back “revisionary powers” over the Central Board of Film Certification, public comments were sought by the Centre on Friday. As per the receipt of complaints, to order re-examination of an already certified film would empower the centre to do.
An order by the Karnataka High Court striking down the centre’s revisional powers in respect of films that are already certified by the board was upheld by the Supreme Court in November 2000.
On account of violation of Section 5B(1) of the act, the Ministry of Information and broadcasting said it wanted to add a provision for granting revisionary powers to the government.
About certification of a film and pass any order thereon, under Section 6 of the existing Cinematograph Act 1952, the Centre was empowered to call for the record of proceedings. This means that the central government has the power to reverse the decision of the board if the situation is so warranted, it said.
While it noted the Karnataka High court’s statement which mentioned that revisional powers in respect of films that are already certified by the board cannot be exercised by the central government. But the legislature may in certain cases nullify or overrule the executive or judicial decision by enacting appropriate legislation, as opined by the Supreme Court, was said by the Ministry of Information and Broadcasting.