Plea In Kerala High Court Challenges Formation Of Justice Hema Committee, Questions State's Legislative Competence
A writ petition has been filed before the Kerala High Court challenging the formation of Justice K. Hema Committee by the government. The petitioner sought a declaration from the Court that the formation is unconstitutional and prevents any further action on that report. The petitioner further sought the Court to direct the State to form a committee on the terms of the Vishaka case.
The petitioner, a legal practitioner challenged the formation of the committee on the grounds that the State Government did not have the constitutional authority to form such a committee.
The petitioner submits that matters relating to the cinema industry fall within item 60 of List I of the VIIth Schedule of the Constitution, and only the Union Government can make laws for matters under List I of the VIIth Schedule. Item 60 concerns the sanctioning of cinematograph films for exhibition.
The petitioner contended that cinema given in Entry 33 of the State List concerns only a completed movie. Therefore, he argued in the petition, that the State cannot make laws for anything prior to the completion of a movie.
“…expression 'cinema' means completed cinema ready for exhibition to the view of the public. The State therefore is not empowered to legislate or pass any executive orders prior to the completion of a cinema…”
The petitioner argued that the cinema is a completely private affair and outside the purview of State action before it is completed.
The petitioner further alleges that the committee was constituted without proper legal or financial authorization. The petitioner further says that the Cabinet was not consulted before its constitution, no sanction was sought from the financial department for its expenses and the law department was also not consulted to know the power of the State Government to form such a committee. The petitioner claimed that the decision was taken by the cultural ministry alone.
The petitioner also pointed out that the government has not acted on the report of an earlier committee headed by reputed Malayalam movie director Shri. Adoor Gopalakrishnan. The petitioner also accused the state of not acting on the Vishaka guidelines or POSH act and to implement those in the film industry instead of forming a new committee.
Case Title: R. P. Remesan v State of Kerala and Others