Case Note & Summary
The case involved a challenge by sugar mill owners in Uttar Pradesh against notifications issued by the Central Government fixing prices of levy sugar for the 1974-75 production year under the Essential Commodities Act, 1955. The petitioners contended that the price fixation was arbitrary and violated their fundamental rights, as it was based on average cost profiles of factories grouped into zones without considering individual capacities. The respondents defended the zonal classification, citing expert recommendations and previous judicial affirmations of the system. The Supreme Court analyzed the legislative framework, emphasizing that the government had the authority to fix prices based on economic policy and expert assessments. The court concluded that the notifications were valid, stating that the words 'having regard to' in the Act were directory rather than mandatory, and that the government had sufficiently considered relevant factors in its pricing decisions. The court dismissed the petitions, affirming the validity of the zonal pricing system and the government's discretion in price determination.
Headnote
A) Administrative Law - Delegation of Legislative Power - Judicial Review - The notifications fixing prices of levy sugar were held to be intra vires the Essential Commodities Act, 1955. The court found no merit in the challenge against the notifications, affirming that the legislative discretion exercised by the government in price determination was reasonable and supported by expert recommendations (Paras 950F, 918F-G).
Issue of Consideration
Whether the notifications fixing prices of levy sugar on a zonal basis were valid and amenable to judicial review.
Final Decision
The Supreme Court dismissed the writ petitions, affirming the validity of the notifications fixing prices of levy sugar as intra vires the Essential Commodities Act, 1955. The court held that the government had reasonably exercised its discretion in price determination based on expert recommendations and economic policy considerations.
Law Points
- Judicial review
- legislative power
- economic policy
- natural justice
- price fixation
- Essential Commodities Act
- 1955



