LIMITS OF ADMINISTRATIVE DISCRETION IN FILM CERTIFICATION

The exercise of administrative discretion in film certification is where State regulation and freedom of expression meet. In the Cinematograph Act, 1952, the Central Board of Film Certification (CBFC) is given the discretion to certify, modify, or deny certification; yet, this discretion is constitutionally constrained by Articles 14 and 19(1)(a). This article will explore the statutory and constitutional framework of this discretion, specifically the need for restrictions to be consistent with Section 5B and Article 19(2), and the need to follow procedural requirements. Through precedents such as E.P. Royappa v. State of Tamil Nadu, Maneka Gandhi v. Union of India, and K.A. Abbas v. Union of India, this article will show that arbitrariness is the opposite of equality. Discretion becomes unconstitutional when it oversteps statutory authority, is unreasonably grounded, or discriminates between similar films. Finally, this article will show that film certification is a regulated constitutional function and not a tool of unlimited censorship.