·The Hindu·15 marks·250–350 words

Discuss the extent to which courts in India can interfere with a film already certified by the Central Board of Film Certification, citing recent judicial pronouncements.

In this answer
  1. Basis of CBFC certification
  2. Where courts may legitimately interfere
  3. Limits on such interference

Film certification in India is a statutory function of the CBFC under Section 5 of the Cinematograph Act, 1952 [1][2]. Yet certification does not oust judicial review; courts retain a narrow, constitutionally-bounded power to intervene — a balance the Supreme Court reaffirmed in the Mahaprabhu Jagannath case (July 2026) [3].

Basis of CBFC certification

  • CBFC is an expert statutory body in the Ministry of Information and Broadcasting, certifying films under Section 5, Cinematograph Act, 1952 [1][2].
  • Certification is the executive's application of Article 19(2) restrictions — decency, morality, public order — to cinematic speech protected under Article 19(1)(a) [4].

Where courts may legitimately interfere

  • Judicial review of legality: whether CBFC applied statutory guidelines and Article 19(2) grounds correctly; certification is not immune from scrutiny.
  • Modulating relief in public order situations: in Mahaprabhu Jagannath, the Court permitted release but deferred it to after the Puri Rath Yatra, calibrating timing to a live festival [3].
  • The Orissa High Court had gone further, staying nationwide screening for departing from the Skanda and Brahma Puranas — an approach the Supreme Court effectively narrowed [3].

Limits on such interference

  • Courts should not substitute their judgment for a specialised certifying authority on questions of artistic interpretation or textual fidelity [3].
  • Anticipated outrage cannot justify a ban — the "heckler's veto" was rejected in S. Rangarajan v. P. Jagjivan Ram (1989), which held that a certified film cannot be stalled merely because a section objects [5].
  • The Supreme Court's observation that "animated fiction cannot diminish piety" signals a high threshold for restraining certified content [3].

Thus judicial interference is legitimate but exceptional — confined to testing legality and, at most, calibrating timing rather than substituting the regulator's judgment. A fast-track judicial and CBFC grievance mechanism would resolve such disputes before release, protecting both Article 19(1)(a) freedoms and public tranquillity.

Sources

  1. 1The Cinematograph Act, 1952 (Act 37 of 1952), India CodeSection 5 certification of films; U certificate
  2. 2Central Board of Film Certification, Ministry of Information and BroadcastingCBFC as statutory expert certifying body
  3. 3Animated film gets SC nod for release after Rath Yatra, The Hindu (18 July 2026)SC order deferring release to after Rath Yatra; Orissa HC stay; Bench observations
  4. 4Constitution of India, Department of Legal AffairsArticle 19(1)(a) and 19(2)
  5. 5*S. Rangarajan v. P. Jagjivan Ram*, Supreme Court of India (1989) — certified film cannot be stalled by threatened public objection

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