Unfettered cinema licence conditions were an unreasonable business restriction and were struck down as unconstitutional.

A cinema licensing condition that empowered the Government to require exhibition of approved films for an indefinite length or duration, without any fixed maximum or guiding limitation, was treated as an unreasonable restriction on the right to carry on business under Article 19(1)(g). The Court reasoned that such unfettered discretion could consume the whole or major part of the performance and was therefore harsh in operation rather than a reasonable regulatory measure. Because the conditions were not confined to films of educational or instructional character for public welfare, the challenged clauses were struck down as void and unconstitutional.

---

---

Issues: Whether the impugned cinema licence conditions, requiring exhibition of approved films without any fixed maximum length or duration, imposed an unreasonable restriction on the appellant's right to carry on business under Article 19(1)(g) of the Constitution.

Analysis: The conditions authorised the Government to compel exhibition of approved films for such length and for such time as it might direct, and the special condition similarly fixed only a minimum length with no maximum. The discretion conferred was thus unregulated and unfettered. The Court held that a restriction which may consume the whole or major part of the performance, without any guiding principle or limitation, is harsh in operation and operates more as an imposition than a reasonable restriction. The impugned conditions were also not confined to films of educational or instructional character for public welfare.

Conclusion: The impugned condition 4(a) and special condition 3 were held void and of no legal effect as against the appellant's fundamental right under Article 19(1)(g).

Final Conclusion: The appeal was allowed, and the challenged licence conditions were struck down as unconstitutional for imposing an unreasonable restriction on the appellant's business rights.

Ratio Decidendi: A licensing condition that confers unregulated discretion to compel exhibition of films for an indefinite length or duration, without a limiting principle or maximum restriction, is not a reasonable restriction under Article 19(6) and is void if it substantially impairs the right to carry on business.

---