Executive review of a final quasi-judicial tribunal decision is unconstitutional under the rule of law.

Section 6(1) of the Cinematograph Act was held unconstitutional because it enabled the Central Government to call for the record of an Appellate Tribunal's final quasi-judicial decision and make such order as it thought fit. The Court treated this power as a form of review or revision by the Executive over a tribunal constituted with judicial expertise, which was inconsistent with the rule of law and the constitutional scheme. Executive interference could not be justified on law and order grounds. The provision was therefore invalid, and the tribunal's determination was affirmed as final and binding on the Executive.

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Issues: Whether Section 6(1) of the Cinematograph Act, 1952, which empowered the Central Government to call for the record of proceedings decided by the Appellate Tribunal and make such order as it thought fit, was constitutionally valid.

Analysis: The Act had created an Appellate Tribunal as an expert quasi-judicial body, with a retired High Court Judge or a qualified High Court Judge as Chairman and other members chosen for their expertise. Once such a tribunal decided matters relating to the effect of a film on the public, its decision was intended to be final and binding on the Executive. Section 6(1) nonetheless enabled the Central Government to exercise a power in the nature of review or revision over that decision. Such a provision subjected a quasi-judicial determination to executive scrutiny and allowed the Executive to sit in appeal over a judicial order. The Court held that this was inconsistent with the rule of law and impermissible absent fresh legislation. Law and order concerns could not justify executive interference with the tribunal's decision.

Conclusion: Section 6(1) was unconstitutional and invalid. The challenge succeeded, and the appeal failed.

Final Conclusion: The constitutional protection of tribunal adjudication was affirmed, and executive interference with a final quasi-judicial determination was disapproved.

Ratio Decidendi: The Executive cannot exercise review or revisional control over a quasi-judicial tribunal's final decision, as such interference offends the rule of law and the constitutional scheme requiring obedience to judicial orders.

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