Kashish Jain
The Madras Bar Association moved the Supreme Court challenging the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance 2021. This is the ordinance which abolishes certain appellate tribunals including FCAT.
The association has contended that many provisions of the ordinance contradict the directions issued by the Apex Court.
The ordinance renders certain appellate tribunals purposeless. This includes the Film Certification Appellate Tribunal (FCAT) set up to hear appeals of filmmakers, and transfers their functions to other existing judicial bodies.
It has made amendments to the Cinematograph Act, Copyright Act, Customs Act, Patents Act, Airports Authority of India Act, Trade Marks Act, Geographical Indications of Goods (registration and protection) Act, Protection of Plant Varieties and Farmers Rights Act, Control of National Highways (land and traffic) Act, and Finance Act.
In the Cinematograph Act, the appellate body will now be the high court. The FCAT was a statutory body constituted to hear appeals of film makers aggrieved by the Central Board of Film Certification (CBFC). As the Bill failed to get a parliamentary approval, said ordinance was issued.