Supreme Court Upholds Kerala Government Orders Restricting Bottom Trawling During Monsoon and Prescribing Boat Specifications for Beyond Territorial Waters. State's regulatory competence under Kerala Marine Fishing Regulation Act, 1980, Sections 4 and 5, upheld as reasonable restrictions under Article 19(1)(g) and 19(5)/(6) based on expert committee reports.

Case Note & Summary

The dispute arose from two Government of Kerala orders dated 25-6-1990 and 20-6-1992 regulating bottom trawling by mechanised fishing vessels in Kerala waters. The appellants, a federation of traditional fishermen and the State of Kerala, sought to uphold these orders against the challenge by the respondents, an association of trawl net boat operators. The traditional fishermen had long complained that bottom trawling during the monsoon months adversely affected fish conservation and their livelihood. Expert committees had recommended restrictions, and the Government issued the orders to implement those recommendations. The orders prohibited bottom trawling altogether for a period of 44 days in 1992; during the remaining period, bottom trawling was permitted within territorial waters. Additionally, only boats with a minimum power of 160 HP and a hull length of not less than 43 feet, carrying at least 500 metres of wire rope in the winch drum, were deemed capable of conducting bottom trawling beyond territorial waters. Boats with lesser horsepower or length were deemed meant for bottom trawling only within territorial waters and could not leave the coast during the 44-day period. The respondents, owners and operators of mechanised boats of 32 feet length fitted with engines of 48 to 60 HP, challenged the orders in the Kerala High Court, contending that their right to bottom trawl could not be taken away altogether even for a limited period. The High Court allowed the writ petitions, holding that the Government of Kerala was not competent to prohibit the boats of the writ petitioners from proceeding to sea beyond territorial waters, and declared the Notification dated 25-6-1990 void insofar as it specified conditions for any fishing vessel going beyond territorial waters for fishing. The State of Kerala and the association of traditional fishermen appealed to the Supreme Court. The Supreme Court framed the core legal issues as whether the State had legislative competence to regulate fishing within and beyond territorial waters, whether the orders were ultra vires the Kerala Marine Fishing Regulation Act, 1980, and whether the restrictions were reasonable under Articles 14, 19(1)(d) and 19(1)(g) of the Constitution. The respondents argued that the restrictions violated their fundamental rights, while the appellants argued that the orders were based on expert committee recommendations, were necessary for conservation and livelihood protection, and were within Section 4 of the Act. The Court held that reading Entry 57 of List I and Entry 21 of List II of the Seventh Schedule together, control and regulation of fishing and fisheries within territorial waters is the exclusive province of the State, whereas beyond territorial waters it is the exclusive domain of the Union. It also held that the Legislature can create a conclusive presumption of law in appropriate situations, and so long as it acts within its allotted sphere and does not infringe Part III of the Constitution, the law cannot be questioned. The Court found that the orders were perfectly warranted by Section 4 of the Kerala Act. However, because the restrictions affected fundamental rights under Article 19(1)(g) and, according to the respondents, Article 19(1)(d), they had to satisfy the test of reasonableness under clauses (5) and (6) of Article 19. The Court observed that both clauses permit reasonable restrictions in the interests of the general public and that such restrictions can include a prohibition in appropriate cases. The Court further held that the specifications prescribed in the first order were neither arbitrary nor based on no material; there was enough technical data in the form of expert committee reports and technical opinions. Accordingly, the Supreme Court allowed the appeals, set aside the High Court judgment, and upheld the validity of the Government orders as being intra vires the Kerala Marine Fishing Regulation Act and consistent with the Constitution.

Headnote

Issue of Consideration

Final Decision

Appeals allowed; Kerala High Court judgment set aside; Government orders dated 25-6-1990 and 20-6-1992 upheld as valid and not ultra vires the Kerala Marine Fishing Regulation Act or the Constitution.

Law Points