Discuss the statutory basis and functions of the Central Board of Film Certification. How have the 2024 Rules altered its composition and tenure framework?
In this answer
The Central Board of Film Certification (CBFC) is a statutory body constituted under Section 3 of the Cinematograph Act, 1952, working under the Ministry of Information & Broadcasting, whose mandate is certification of films for public exhibition — not censorship [1][2]. The Cinematograph (Certification) Rules, 2024 have since recast its composition, tenure and procedure.
Statutory basis
- Created under the Cinematograph Act, 1952; comprises a Chairperson and members appointed by the Centre, assisted by regional advisory panels [1].
- Section 5B(1) allows refusal of certification only on grounds mirroring the reasonable restrictions of Article 19(2) [1].
- The Cinematograph (Amendment) Act, 2023 deleted the Centre's revisional power over certified films, making the Board's decision the final administrative word [3].
Functions
- Certifies films as U, UA, A or S; the 2023 amendment split UA into UA 7+, 13+ and 16+ age categories and made certificates valid perpetually [3].
- Suggests modifications only where a statutory violation exists — over 70,000 films were certified in five years on this basis [4].
- Operates the e-Cinepramaan online portal; average certification time is now about 18 days against the 48 working days allowed [5][6].
Changes by the 2024 Rules
- They supersede the 1983 Rules, aligning composition and procedure with online certification and priority screening [7].
- Rule 3: every member holds office "during the pleasure of the Central Government" for up to three years, continuing till successors join — a capped, non-fixed tenure [6].
- Mandate one-third women on the Board and advisory panels; CBFC further ensures 50% women in every Examining and Revising Committee [2].
Thus the 2024 Rules have modernised and gender-diversified the Board while leaving tenure at executive pleasure. Institutionalising the Shyam Benegal Committee's proposal that the Board act as a guiding body publishing annual reviews, alongside a fixed term with written removal grounds, would better reconcile certification with the creative freedom Article 19(1)(a) protects [8].
Sources
- 1The Cinematograph Act, 1952 (Act No. 37 of 1952), India CodeSection 3 constitution of CBFC; Section 5B(1) grounds for refusal
- 2CBFC Ensures 50% Women's Participation in every Examining and Revising Committee, PIBone-third women on Board/panels under 2024 Rules; 50% in committees
- 3The Cinematograph (Amendment) Bill, 2023, PRS Legislative Researchremoval of revisional power; UA 7+/13+/16+; perpetual validity
- 4CBFC certifies over 70 thousand films in last 5 years; cuts suggested only in cases of statutory violations, PIBcertification volume and basis of cuts
- 5Certification time for films reduced to average 18 days against the provision of 48 days, PIBcertification timelines
- 6CBFC Continues Digital Transformation of Film Certification Process; Tenure of Board Members Governed by the Cinematograph (Certification) Rules, 2024, PIBRule 3 tenure; e-Cinepramaan
- 7Government notifies the Cinematograph (Certification) Rules, 2024, PIBsupersession of 1983 Rules; online and priority certification
- 8Report of the Expert Committee on CBFC (Shyam Benegal Committee, 2016), PRS Legislative ResearchBoard as guiding body; classification not alteration