Supreme Court of India · 1970-09-24
K. A. ABBAS vs THE UNION OF INDIA & ANR.
- Citation / case number
- SC 1969/60134
- Court
- Supreme Court of India
- Petitioner
- K. A. ABBAS
- Respondent
- THE UNION OF INDIA & ANR.
- Author
- HIDAYATULLAH, M. (),SHELATM.,MITTER, G.K.,VAIDYIALINGAM, C.A.,RAY, A.N.
- Bench
- HIDAYATULLAH, M. (CJ),SHELAT, J.M.,MITTER, G.K.,VAIDYIALINGAM, C.A.,RAY, A.N.
Judgment text excerpt
The Supreme Court held that pre-censorship of films is constitutional under Article 19(1)(a) and (2) of the Constitution of India, recognizing that the treatment of motion pictures differs from other forms of art due to their emotional impact and realism. The Court emphasized that while censorship is justified, it must be guided by clear principles to prevent arbitrary action. The petitioner's challenge to the Cinematograph Act, 1952, specifically Section 5-B, was partially upheld as the Court allowed the amendment to contest the vagueness of the provisions, but ultimately upheld the constitutionality of pre-censorship.