Civil Appeal No 192 of 1952
Appeal under article 1321 of the Constitution of India from the Judgment and Order dated 24th August 1951 of the Madras High Court in Civil Miscellaneous Petition No 5744 of 1951
Appellant in person
C K Daphtary Solicitor General for India R Ganapathy Iyer and P G Gokhale with him for the respondent
C K Daphtary Solicitor General for India PA Mehta and P G Gokhale with him for the Intervener Union of India
October 1
The Judgment of the Court was delivered by GHULAM HASAN J
The appellant is the owner of a permanent cinema theatre called Sri Brahannayaki in Tiruthuraipundi Tanjore District and held a licence from the District Magistrate Tanjore in respect of the same with effect from September 51950 to September 4 1951
The licence is granted for one year at a time and is renewable from year to year
He objected to certain conditions in the licence imposed by the District Magistrate Tanjore in pursuance of 2 notifications G O Mis
1054 Home dated 28th March 1948 and G O Mis 3422 dated 15th September 1948 issued by the State of Madras purporting to act in exercise of powers conferred by section 8 of the Cinematograph Act of 1918
The impugned conditions may conveniently be set out here 4a The licensee shall exhibit at each performance one or more approved films of such length and for such length of time as the Provincial 688 Government or the Central Government may by general or special order direct
b The licensee shall comply with such directions as the Provincial Government may by general or special order give as to the manner in which approved films shall be exhibited in the course of any performance Explanation  Approved Films means a cinematograph film approved for the purpose of this condition by the Provincial Government or the Central Government
Special condition 3
The licensee should exhibit at the commencement of each performance not less than 2000 feet of one or more approved films
 The appellant moved the High Court of Judicature at Madras under article 226 of the Constitution for an  order or direction to the District Magistrate Tanjore to delete the said conditions from his licence and to the State of Madras to rescind the notifications issued by it
His contention was that the conditions imposed by the said notifications are ultra vires and beyond the powers of the licensing authority and that they are void inasmuch as they contravened his freedom of speech and expression under article 191a and his right to carry on trade or business under article 191 g of the Constitution
Both the contentions were rejected the High Court holding that the conditions imposed were reasonable and were in the interests of the general public
The High Court granted leave to appeal to this Court
The appellant who argued the appeal in person raised 2 main contentions
He argued firstly that the notifications and conditions are beyond the competence of the Government of Madras and the District Magistrate and secondly that in any event the conditions do not as being outside the scope of the Cinematograph Act amount to reasonable restrictions imposed in the interest of the general public
We are of opinion that this appeal can be disposed of on the second ground
It may be stated that the Madras Cinematograph Rules 1933 were amended by the notification G O Mis
1054 Home dated 689 March 28 1948 in exercise of the powers conferred by section 8 of the Central Act II of 1918 and in place of condition 4 of the licence in Form A the impugned conditions were inserted
Section 8 empowers the State Government to make rules for the purpose of carrying into effect the provisions of the Act
The object of the Act as stated in the preamble is to make provisions for regulating exhibitions under the 
Without going into the question whether it is within the  contemplation of the Act that educational and instructional films should be shown and whether the holder of a cinema licence may be compelled to exhibit such films as falling within the scope of the Act the question which still arises for consideration is whether the impugned conditions amount to reasonable restrictions within the meaning of article 196
Approved films are those films which are either produced by the Government or are purchased from the private producers
As the private producers do not possess any machinery for marketing their films the Government purchases them from such producers and charges hire from the cinema licensees for showing such films
Condition 4a compels a licensee to exhibit at each performance one or more approved films of such length and for such length of time as the Provincial Government or Central Government may direct
Neither the length of the film nor the period of time for which it may be shown is specified in the condition and the Government is vested with an unregulated discretion to compel a licensee to exhibit a film of any length at its discretion which may consume the whole or the greater part of the time for which each performance is given
The exhibition of a film generally takes 2 hours and a quarter
Now if there is nothing to guide the discretion of the Government it is open to it to require the licensee to show approved films of such great length as may exhaust the whole of the time or the major portion of it intended for each performance
The fact that the length of the time for which the approved films may be shown is also unspecified leads to the same conclusion in other 690 words the Government may compel a licensee to exhibit an approved film say for an hour and a half or even 2 hours
As the condition stands there can be no doubt that there is no principle to guide the licensing authority and a condition such as the above may lead to the loss or total extinction of the business itself
A condition couched in such wide language is bound to operate harshly upon the cinema business and cannot be regarded as a reasonable restriction
It savours more of the nature of an imposition than a restriction
It is significant that the condition does not profess to lay down that the approved films must be of an educational or instructional character for the purpose of social or public welfare
We think therefore that condition 4a as it stands at present amounts to an unreasonable restriction on the right of the licensee to carry on his business and must be declared void as against the fundamental right of the appellant under article 191g
Among the special conditions condition No 3 which requires the licensee to exhibit at the commencement of each performance not less than 2000 feet of one or more of the approved films is open to similar objection
This condition lays down the minimum length of the film to be shown as 2000 feet and gives no indication of the maximum
We are informed that the showing of a film of 2000 feet will take about 20 minutes
This will work out to about 17th of the total time of each performance if it is taken to last for 2 14 hours
Whether a maximum of 2000 feet would be reasonable is a matter we need not consider but as this is mentioned as the minimum it is obvious that the Government may compel the licensee to exhibit a film of 10000 or 12000 feet which in effect will amount to pushing out of the film intended to be shown by the licensee during the time allotted
Here again no maximum limit having been imposed it follows that the discretion of the authority is unrestrained and unfettered and must lead to an unjustifiable interference with the right of the licensee to carry on his business
We hold therefore that this condition is equally obnoxious and must be deleted
We accordingly allow the appeal and hold 691 that condition 4a and special condition 3 expressed as they are at present are void and have no legal effect as against the fundamental right of the appellant under article 191g of the Constitution
We express no opinion upon the first contention advanced by the appellant
The appellant will get his costs from the respondent in this Court and in the Court below
Appeal allowed


Summary:
The appellant the owner of a permanent cinema theatre in the Tanjore District was granted a license by the District Magistrate Tanjore subject to certain conditions imposed by him in pursuance of 2 notifications G 0
1054 Home dated 28th March 1948 and G O Mis 3422 dated 15th September 1948 issued by the State of Madras purporting to act in exercise of powers conferred by section 8 of the Cinematograph Act II of 1918
The impugned conditions inter alia were as follows  4a The licensee shall exhibit at each performance one or more approved films of such length and for such length of time as the Provincial Government or the Central Government may by general or special order direct
687 special condition 3
The licensee should exhibit at the commencement of each performance not less than 2000 feet of one or more approved films
 Held that condition No 4a and special condition No 3 imposed unreasonable restrictions on the right of the licensee to carry on his business and were void as they infringed the fundamental right of the appellant guaranteed to him under article 191 g of the Constitution