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Freedom of expression applies to films too: Madras HC on Mersal row

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Mersal

[vc_row][vc_column][vc_column_text]Madras high court dismissed a PIL that had sought revocation of censor certificate for the film that had mocked the Goods and Services Tax regime

In a major relief to the controversy-embroiled Tamil blockbuster Mersal, the Madras High Court, on Friday, dismissed a public interest litigation that had sought directions to the Central Board of Film Certification (CBFC) to revoke the censor certificate issued to the movie for its “anti GST”  dialogues and held that “freedom of expression…applies to films as well”.

A Bench of Justices MM. Sundresh and M Sundar refused to entertain the PIL filed by Chennai-based lawyer A Ashvathaman on the ground that in a mature democracy, the voices of the minority cannot be stifled. The judges said that it was ultimately for the viewers to take a call on the contents of a movie.

Ashvathaman had, during arguments in the case, asked the court to revoke the censor certificate issued to Mersal while questioning how the film certification board had cleared the movie for public exhibition “even though the film was full of wrong propaganda about the country and contained fake dialogues and scenes which would lead to misconception about our new taxation system.”

“The story of the film does not demand the above said scenes and dialogues which contained fake and fabricated particulars… The CBFC is duty-bound to see that the young and impressionable minds are guarded against subtle machinations of pseudo artists and producers as the youngsters try to emulate what they have seen in the movies,” the petitioner had argued.

However, the court took a dim view of Ashvathaman’s contention and noted: “if the petitioner was really concerned about the public and society then he would have tackled issues such as untouchability and women’s safety. Instead the petitioner chose to go after a movie.”

The Bench, in its order, said: “Why was there no complaint against smoking and drinking in films or about the projection of LGBT? A film is only an imaginative story and it is not real life. If someone doesn’t like a film, a person can refrain from viewing it.”

While the petitioner had argued that the film was “spreading propaganda” about a decision taken by the Centre, the court reportedly noted that Opposition leaders till date were criticising demonetisation, the controversial decision taken by Prime Minister Narendra Modi on November 8, 2016 which had flushed out 86 per cent of the currency in circulation from the economy. The court asked whether people should be gagged for expressing their views.

Referring to the Opposition’s ongoing criticism of demonetisation and juxtaposing it with Mersal’s anti-GST dialogues, the Bench said: “Can the court pass a gag order against him (an Opposition leader) from making such statements? This is democracy, and people have their right to freedom of expression, and this applies to films as well.”

Mersal, an Atlee Kumar directorial which stars Tamil actor Vijay, has been facing criticism from the BJP’s Tamil Nadu unit for depicting scenes which criticize the GST regime as well as Prime Minister Narendra Modi’s Digital India initiative.

The Madras High Court’s order came on a day when another row over the delay in the censor clearance for the Telugu version of the film was being attributed to alleged pressure from the BJP government at the Centre on the Censor board to ensure that the anti-GST references are omitted from the dubbed version of the movie.

However, soon after the Madras high court’s order, Censor board chief Prasoon Joshi declared that the movie’s Telugu version had been cleared “without cuts” even as he rued the fact that the reported delay in the dubbed version’s censor certification was being “unnecessarily sensationalized”.

“The process of approving a dubbed version of a film is the same as certifying a film for the first time. The CBFC website mentions very clearly how much time each part of the certification process takes. So far, the filmmakers had not received any communication about the Telugu certification, so how can they accuse us of delaying the release of their film? This is not done. The film certificate has been issued for the Telugu dubbed version without any cuts,” Joshi said on Friday.

The censor Board chief added: “I am surprised with the accusations on the CBFC for the delay. It’s a usual process which is getting unfairly and unnecessarily sensationalized”.[/vc_column_text][/vc_column][/vc_row]

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Harivansh set to be elected Rajya Sabha Deputy Chairperson unopposed

Harivansh is set to be elected unopposed as Rajya Sabha Deputy Chairman after no opposition nominations were filed before the deadline.

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Former Rajya Sabha Deputy Chairman Harivansh is set to be re-elected to the same post unopposed in the election due to be held later today.
The date has been fixed by the Chairman under the relevant rules governing the conduct of business in the Upper House.
According to sources, the deadline for submitting motions for the election was 12 noon on April 16. A total of five notices were received within the stipulated time, all proposing Harivansh for the post.

Multiple nominations, single candidate
The motions were submitted by members across parties, including Jagat Prakash Nadda, Nitin Nabin, Nirmala Sitharaman, Sanjay Kumar Jha, and Jayant Chaudhary, each backed by seconding members.
All five motions explicitly state that Harivansh be chosen as the Deputy Chairman of the Rajya Sabha.

No opposition nomination filed

Notably, no motion was submitted by the Opposition before the deadline. This effectively clears the path for a unanimous election, as there is no contest for the position.
As per parliamentary procedure, motions will be taken up one by one. Once any one motion is adopted by the House, the remaining motions will not be put to vote.

Likely to be elected by voice vote
In line with established practice, the first motion — expected to be moved by Nadda — may be adopted through a voice vote. Following this, the Chairman will formally declare Harivansh as elected Deputy Chairman.
After the declaration, Harivansh will be escorted to the Chair by members from both the Treasury and Opposition benches, adhering to parliamentary convention.

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Amit Shah counters delimitation concerns, says southern states to gain Lok Sabha seats

Amit Shah assures Parliament that southern states will gain Lok Sabha seats after delimitation, countering opposition criticism during the women’s reservation debate.

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Amit Shah

Union Home Minister Amit Shah on Thursday addressed concerns over the proposed delimitation exercise, asserting in the Lok Sabha that southern states will not lose representation but instead see an increase in their number of seats.

His remarks came during a heated debate linked to the implementation of women’s reservation, where opposition parties have raised fears that population-based delimitation could reduce the political weight of southern states.

Shah rejected these claims, calling them misleading, and said the proposed framework ensures fairness while expanding the overall strength of the Lok Sabha.

Seat count to rise with expansion of Lok Sabha

The government has indicated that the total number of Lok Sabha seats could increase significantly as part of the delimitation process. In this expanded House, the combined representation of southern states is expected to rise from 129 seats at present to around 195 seats.

Shah emphasised that no state will lose seats in absolute terms, and the exercise is designed to reflect population changes while maintaining balance across regions.

State-wise projections shared in Parliament

During his address, Shah also provided indicative figures for individual southern states, suggesting notable increases in representation. According to the projections:

  • Tamil Nadu could see its seats rise substantially
  • Kerala, Telangana, and Andhra Pradesh are also expected to gain additional seats
  • Karnataka’s representation may increase as well

These figures were presented to counter the argument that delimitation would disproportionately favour northern states.

Political debate intensifies over linkage with women’s quota

The delimitation exercise has been closely linked to the rollout of women’s reservation, which proposes one-third seats for women in Parliament and state assemblies.

Opposition leaders have questioned this linkage, arguing that tying reservation to delimitation could delay its implementation and raise federal concerns. Some leaders have also warned that the move could impact national unity if apprehensions among states are not addressed.

The government, however, maintains that the reforms are necessary to ensure equitable representation and to align the electoral system with demographic realities.

Centre dismisses ‘false narrative’ on southern states

Shah reiterated that concerns about southern states losing influence are unfounded. He said the delimitation process will increase representation across regions and described the criticism as a “false narrative” aimed at creating confusion.

The issue is expected to remain a key flashpoint as Parliament continues discussions on the women’s reservation framework and related legislative changes.

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PM Modi assures no discrimination in women’s quota, delimitation debate intensifies in Parliament

PM Narendra Modi has assured that women’s reservation will be implemented without discrimination, amid a heated debate over delimitation in Parliament.

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PM modi

Prime Minister Narendra Modi has assured that there will be no discrimination in the implementation of women’s reservation, as Parliament witnessed a sharp debate over the proposed linkage between the quota and delimitation exercise.

During the ongoing special session, the government reiterated its commitment to ensuring fair representation while addressing concerns raised by opposition parties regarding the timing and structure of the legislation.

The proposed framework aims to reserve 33 percent of seats for women in the Lok Sabha and state assemblies. However, its implementation is tied to a fresh delimitation exercise, which is expected after the next census.

Opposition questions timing and intent

Opposition leaders have raised concerns that linking the women’s quota to delimitation could delay its implementation. They argue that the process of redrawing constituencies may push the actual rollout further into the future.

The issue has triggered a broader political confrontation, with multiple parties questioning whether the move could alter representation across states.

Some critics have also alleged that the delimitation exercise could disproportionately benefit certain regions based on population, a charge the government has rejected.

Government reiterates commitment to fair implementation

Responding to these concerns, the Centre has maintained that the reforms are necessary to ensure accurate and updated representation based on population data.

Leaders from the ruling side have repeatedly emphasized that the process will be carried out transparently and without bias. The assurance that there will be “no discrimination” is aimed at addressing fears among states and opposition parties.

The debate marks a key moment in Parliament, with both sides engaging in intense exchanges over one of the most significant electoral reforms in recent years.

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