Case Note & Summary
The case involved the transfer of multiple writ petitions from various High Courts to the Supreme Court, specifically addressing issues related to the sale and manufacture of iodised and non-iodised salt. The Transfer Case (Civil) No. 11 of 2002 sought to quash a notification issued by the Director of Health Services, Orissa, which prohibited the sale and manufacture of common salt other than iodised salt for human consumption. This notification was issued under the relevant state rules on October 15, 2001. Additionally, Writ Petition (Civil) No. 175 of 2006 was filed to direct the central government to formulate a uniform policy for controlling goitre and to impose a nationwide ban on non-iodised salt. The Supreme Court, while allowing the transfer of the cases, granted six months for reviewing the position regarding universal iodisation of salt. The court delinked the two cases from the others that were disposed of, as they did not pertain to the challenge of Rule 44-I of the Prevention of Food Adulteration Rules, 1955. The court scheduled the pending matters for further orders after the six-month review period.
Headnote
A) Administrative Law - Quashing of Notifications - Validity of Notification - Prevention of Food Adulteration Rules, 1955 - The court considered the legality of a notification prohibiting the sale and manufacture of non-iodised salt, issued under state rules. The court allowed the transfer of cases and delinked those not related to the challenge of the notification, indicating the need for further review of the iodisation policy. Held that the matter required further consideration (Paras 1-4).
Issue of Consideration
Whether the notification prohibiting the sale and manufacture of non-iodised salt can be quashed.
Final Decision
The Supreme Court allowed the transfer of the writ petitions and delinked the cases not related to the challenge of the notification. The court granted six months for reviewing the position regarding universal iodisation.
Law Points
- Transfer of cases
- Writ petitions
- Quashing of notifications
- Public health policy
