Case Note & Summary
The petitioners, licensed pharmaceutical units within the jurisdiction of the Bombay High Court, filed a writ petition seeking postponement of the notification dated 30th June 2005 by which the Drugs and Cosmetics (Fifth Amendment) Rules, 2005 were notified. The amendments required changes in plant, equipment, machinery, and maintenance of records, which the petitioners claimed involved high costs. They received notices from the Food & Drugs Administration of the State Government to comply with the amended Schedule M, failing which their licences would be suspended. Some licences were suspended. The petitioners did not challenge the constitutional validity of the rules but sought an extension of time to comply. The court held that the rules constitute delegated legislation made in pursuance of power vested by competent legislation. In the absence of any challenge to the validity of the rules, the court under Article 226 of the Constitution would not be justified in granting any relief of extension of time. The court observed that granting such relief would be manifestly impossible and lies outside the jurisdiction of the writ court. The petition was dismissed.
Headnote
A) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - Extension of Time for Compliance - Petitioners sought extension of time to comply with amended Schedule M of the Drugs and Cosmetics Rules, 1945 - Court held that once the rules are valid delegated legislation, granting extension of time is outside the scope of Article 226 jurisdiction - Held that the writ court cannot modify or suspend the operation of valid subordinate legislation (Paras 2-3).
Issue of Consideration
Whether the High Court under Article 226 of the Constitution can grant an extension of time to comply with the amended provisions of Schedule M of the Drugs and Cosmetics Rules, 1945.
Final Decision
The petition is dismissed. Rule discharged. No order as to costs.
Law Points
- Delegated legislation
- once valid
- cannot be modified by writ court
- Article 226 jurisdiction limited to enforcement of law
- not extension of compliance deadlines
