Curtailing Expression to Enabling Choice: Reforming Film Censorship in India

ABSTRACT

This paper examines the evolution of film censorship in India, tracing its roots from the colonial-era regulatory frameworks to the present- day mandate of the Central Board of Film Certification (CBFC). The study is situated within the constitutional perspective of Article 19(1)(a), analysing how judicial scrutiny, through landmark rulings, has attempted to safeguard creative expression against arbitrary restrictions. It details the CBFC`s two-tiered structure and the history of its appellate mechanism, culminating in an analysis of the Cinematograph (Amendment) Act, 2023. The key finding is that the Act’s retention of the power to order mandatory cuts and excisions for subjective reasons creates an irreconcilable conflict with the principle of freedom, pushing the CBFC into the role of an unconstitutional censor. The paper recommends a fundamental regulatory paradigm shift toward a strict, sophisticated content classification framework that prioritize audience choice over mandatory edits. Additionally, it advocates comprehensive institutional reforms, including the establishment of an independent appellate mechanism and formalized appointment processes, to ensure accountability and expert-driven, constitutionally compliant certification.