M. M. Sundresh, J.

The petitioner association, having its members consisting of various music companies spreading over southern part of Peninsula, has laid a challenge to the provisions contained in Sections 11, 12, 31 and 31-D of the Copyright Act, 1957, Rule 3 of the Copyright Rules, 2013, Copyright Board Salaries and Allowances and other terms and conditions of service of the Chairman and other Members Rules, 2014 and the constitution of the Search cum Selection Committee meant for its recommendations for appointment of members of the Copyright Board, being violative of Articles 14, 19(1)(g), 21, 50, 245 and 300-A of the Constitution of India with a specific emphasis of the basic structure enunciated therein.

2. Heard Mr. M.V.Swaroop, learned counsel appearing for the petitioner and Mr.G. Rajagopal, learned Additional Solicitor General appearing for the respondents, assisted by Mr. Su. Srinivasan, Assistant Solicitor General.

Provisions of the Copyright Act, 1957:

3. With the onset of advanced means of communications like broadcasting, litho–photography, etc., it was felt that the then existing Copyright Act introduced in 1914 requires a fresh look. Thus, the need qua the registration of a Copyright was recognized through the Copyright Office. Therefore, a Copyright Office was sought to be established under the control of the Registrar of Copyrights. Certain duties have been prescribed for Registrar, who, in turn, is given the task of disposing of applications for compulsory licences, apart from making inquiries into the complaints of importation of infringing copies. An appeal memorandum is prescribed to the Copyright Board against the orders of the Registrar of Copyrights.

4. Section 6 of the Copyright Act deals with a reference to be made to the Copyright Board qua certain disputes. It further enables the Board to decide disputes regarding ''term of copyright and international copyright''. It also hears matters relating to rectification of Register involving disputes between private parties under Section 50. Under Section 19A also, the Board hears disputes regarding assignment of copyright, which once again would encompass a private dispute between the parties.

5. Section 11 deals with the constitution of the Board, which shall consists of a Chairman and two other members. The salaries and allowances payable to the Chairman and two other members are to be prescribed by the Government. The proviso to Section 11(2) mandates that salary and allowances apart from the terms and conditions of service fixed for the Chairman or the members, as the case may be, shall not be varied to their disadvantage after appointment. The qualification for the Chairman shall be a person, who is, or who has been, a Judge of a High Court or is qualified for appointment as Judge of High Court.

6. The terms and conditions of the office of the Chairman and members of the Board was accordingly prescribed as per the rule making power available to the Central Government under Section 78(2) of the Copyright Act 1957. The rule also prescribes the qualification for the Chairman as well as members in the following manner as per Rule 3(2) of the Copyright Rules, 2013:

''3. Terms and conditions of the Office of the Chairman and members of the Board. -

(1) ....

(2) (i) A person shall not be qualified for appointment as Chairman unless he -

(a) is, or has been a Judge of a High Court, or a) is, or has been a Judge of a High Court; or

(b) is qualified for appointment as a Judge of a High

Court;

(ii) A person shall not be qualified for appointment as member unless he--

(a) is or has been a member of the Indian Legal Service and has held a post in Grade-I of that service for at least three years; or

(b) has, for at least ten years, held a judicial office; or

(c) is or has been a Member of a Tribunal or Civil Service not below the rank of a Joint Secretary to the Government of India with three years' experience in the field of Copyright; or

(d) has, for at