Analysis Of Central Board Of Film Certification As A Regulatory Authority In India
Jaya Sinha, National Law Institute University, Bhopal
Ritik Ranjan, National Law Institute University, Bhopal
INTRODUCTION
Cinema has always been one of the most powerful mediums of mass communication in India. Films are not only a form of entertainment but also instruments of social influence, capable of shaping public opinion, spreading cultural values, and sometimes even challenging established norms. Recognizing this unique impact, the Indian state has developed mechanisms to regulate the exhibition of films, with the Central Board of Film Certification (CBFC) being the principal regulatory authority. The CBFC, established under the Cinematograph Act 1952, is tasked with examining and certifying films before they are released for public viewing.
The constitutional basis of CBFC’s powers lies in Article 246 read with Entry 60 of the Union List in the Seventh Schedule, which empowers Parliament to legislate on the sanctioning of films for exhibition, as well as Article 19(2), which allows the state to impose reasonable restrictions on the freedom of speech and expression guaranteed under Article 19(1)(a). Thus, CBFC operates at the intersection of two competing interests: the individual’s right to freedom of expression and the state’s duty to protect public order, morality, and security.
However, the CBFC has often been criticised for exceeding its role as a certifying authority by functioning as a censoring body. This has raised concerns of regulatory overreach and questions about its alignment with the principles of administrative law, namely legality, proportionality, accountability, and natural justice. Judicial interventions, such as in K A Abbas v Union of India and the Udta Punjab case, reflect the ongoing tension between regulatory control and creative freedom.
This project seeks to analyse the CBFC not merely as a cultural authority but as a statutory regulatory body within India’s system of governance. The study will proceed in three chapters: first, examining CBFC’s place within governance and administrative law; second, analysing its functions and characteristics as a regulatory body; and third, evaluating challenges and reforms. The scope of the project is confined to the governance and administrative aspects of CBFC, focusing on how it functions within the boundaries of constitutional and statutory law, and how reforms may strengthen its legitimacy as a regulatory authority.
