K M SHANKARAPPA Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution, the petitioner has sought for a declaration that the Cinematograph Act, 1952 as amended by Act No. 49 of 1981 and the Cinematograph (Censorship) Rules, 1958 (hereinafter referred to as the 'Act' and the 'Rules') are void and unenforceable. He has also sought for a direction restraining the respondent from enforcing the provisions of the Act and the Rules against the petitioner.

(2.) Though in the petition the contentions are raised in a general manner relating to several provisions of the Act and the Rules, but during, the course of argument, learned counsel appearing for the petitioner confined the case to the following contentions: That the Parliament was not competent to pass the Act; that Sections 3,4 and 5-D of the Act do not contain the guidelines inasmuch as no qualifications are prescribed for the members of the Board and the Appellate Tribunal, that Section 7 of the Act in so far it imposes the penalty is also unconstitutional as it suffers from the vice of Article 14 of the Constitution. Lastly it is contended that Section 6 of the Act in so far it empowers the Central Government to exercise the power of revision against the order passed by the Tribunal is bad in law inasmuch as it subjects the judicial authority and its decision to the executive.

(3.) On the contrary, it is contended by the learned Central Government Standing Counsel appearing for the respondent that the power of revision conferred on the Central Government is not a general power of revision and it is not intended to control or exercise control over the decision or performance of the functions and discharge of the duties by the Appellate Tribunal.