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november 2000

Supreme Court of India · 2000-11-06

Union Of India vs K. M. Shankarappa

Court
Supreme Court of India
Petitioner
Union Of India
Respondent
K. M. Shankarappa
Author
S.N.Variava
Bench
S.N.Variava

Judgment text excerpt

The Supreme Court upheld the constitutional validity of Sections 3(1), 4(1), 5D, and 7(1) of the Cinematograph Act, 1952, while declaring portions of Section 6(1) unconstitutional. The Court emphasized that the establishment of an Appellate Tribunal, as per Section 5D, is essential for ensuring an independent review of film certification, thereby enhancing public confidence in the process. The judgment reinforces the principle that governmental powers should not infringe upon the fundamental right of speech and expression, as guaranteed under Article 19(1)(a).

Union Of India vs K. M. Shankarappa · Niyam