S RANGARAJAN Vs. P JAGJIVAN RAM

JUDGEMENT

(1.) Special Leave granted. This case shall be posted for final hearing before a bench consisting of three Judges after summer vacation, subject to the orders of the Hon'ble the-Chief Justice of india.

(2.) On the question of interim order we have given our anxious consideration. It is found that the film in question 'ore Oru Gramathila' deals with the question of continuing reservation of seats under Article 15 (4) and 16 (4) of the constitution.

(3.) The central Board of Film Certification has approved the film and issued 'u' Certificate. A national Award has been awarded to the film by the concerned Jury consisting of eminent persons. The learned Single Judge of the Madras High court who heard the Writ Petition dismissed them at the stage of preliminary hearing. Then we have Article 19 (l) (a) of the Constitution which guarantees the freedom of speech and expression which includes freedom to express through any media. "that freedom can be subject only to those restrictions which are mentioned in Article 19 (2) of the Constitution. Then we have Article 25 which guarantees freedom of conscience and religion which is subject only to the restrictions mentioned therein. Article 15 (4) is only an exception to the doctrine of equality expounded in Article 15 (1) and Article 16 (4) is an exception to the equality clause relating to public employment in corporate in Article 16 (1) and (2). These provisions in Article 15 (4) and 16 (4) are merely enabling provisions. In Vasant Kumar's case, the learned chief justice has observed that the reservation under Article 15 (4) and 16 (4) should be reduced gradually and stopped altogether after 15 years. While all Indians have regard to all those who were members of the Constituent assembly and should have respect for the constitutional provisions they cannot be denied the privilege of critically examining the provisions of the Constitution and ask for its modifications. Every unpopular idea need not necessarily be an idea which should be proscribed.