Case Note & Summary
The petitioner, All India HDPE/PP Woven Fabric Manufacturers' Association, challenged a Quality Control Order issued by the Government of India on 15.04.2021, which imposed quality control on the import of plastic, effective from 05.01.2024. The petitioner argued that the order was issued without mandatory pre-legislative consultation as required under Section 16(2) of the Bureau of Indian Standards Act, 2016. The court found that no consultation with persons likely to be affected was conducted before issuing the order. The court held that the requirement of consultation under Section 16(2) is mandatory and not directory. Consequently, the impugned notification was quashed, and the respondents were directed to undertake proper consultation before issuing any fresh order. The court also noted that the petitioner had a legitimate expectation of being consulted. The writ petition was allowed.
Headnote
A) Administrative Law - Pre-legislative Consultation - Section 16(2) Bureau of Indian Standards Act, 2016 - Mandatory Requirement - The court held that the consultation with persons likely to be affected is mandatory before issuing a Quality Control Order under Section 16(2) of the BIS Act, 2016. The impugned notification was quashed as no such consultation was conducted. (Paras 10-15)
B) Constitutional Law - Article 226 - Judicial Review of Subordinate Legislation - The court examined whether the Quality Control Order was ultra vires the parent Act for non-compliance with mandatory procedural requirements. Held that the order was invalid for want of mandatory consultation. (Paras 16-20)
Issue of Consideration
Whether the impugned Quality Control Order dated 15.04.2021 and the subsequent notification dated 26.09.2023 are valid when the mandatory pre-legislative consultation under Section 16(2) of the Bureau of Indian Standards Act, 2016 was not undertaken.
Final Decision
The writ petition is allowed. The impugned order No. S.O.1625(E) dated 15.04.2021 and the Quality Control Order bearing No. S.O. 4235(E) dated 26.09.2023 are quashed. The respondents are directed to undertake proper consultation as required under Section 16(2) of the Bureau of Indian Standards Act, 2016 before issuing any fresh order.
Law Points
- Mandatory pre-legislative consultation
- Section 16(2) Bureau of Indian Standards Act
- 2016
- Quality Control Order
- Public consultation
- Natural justice
- Legitimate expectation
Case Details
2024 LawText (KAR) (01) 21
Writ Petition No.287 of 2024 (GM – RES)
Sri N. Raghavendra Rao (for petitioner), Sri H. Shanthi Bhushan, DSGI a/w Smt. Sadhana Desai, CGC (for respondents)
All India HDPE/PP Woven Fabric Manufacturers' Association
The Secretary, Government of India, Competition Commission of India; The Secretary, Government of India, Ministry of Micro, Small and Medium Enterprises; The Secretary, Government of India, Department of Chemicals and Petro Chemicals
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging a Quality Control Order and notification issued under the Bureau of Indian Standards Act, 2016.
Remedy Sought
Quashing of the impugned order No. S.O.1625(E) dated 15.04.2021 and the Quality Control Order bearing No. S.O. 4235(E) dated 26.09.2023.
Filing Reason
The petitioner, an association of manufacturers and suppliers of plastic products, challenged the Quality Control Order on the ground that it was issued without mandatory pre-legislative consultation as required under Section 16(2) of the Bureau of Indian Standards Act, 2016.
Issues
Whether the impugned Quality Control Order is valid when the mandatory pre-legislative consultation under Section 16(2) of the Bureau of Indian Standards Act, 2016 was not undertaken.
Submissions/Arguments
The petitioner argued that the impugned order was issued without any consultation with the persons likely to be affected, which is mandatory under Section 16(2) of the BIS Act, 2016.
The respondents contended that the consultation was not mandatory and that the order was validly issued.
Ratio Decidendi
The requirement of consultation under Section 16(2) of the Bureau of Indian Standards Act, 2016 is mandatory. Non-compliance with this mandatory requirement renders the Quality Control Order invalid. The court emphasized that the word 'shall' in the provision indicates a mandatory duty to consult persons likely to be affected before issuing such orders.
Judgment Excerpts
The petitioner is before this Court calling in question a Notification dated 15-04-2021 issued by Government of India which imposes quality control on import of plastic into the shores of the nation to become effective from 05-01-2024.
The court held that the consultation with persons likely to be affected is mandatory before issuing a Quality Control Order under Section 16(2) of the BIS Act, 2016.
Procedural History
The writ petition was filed on an unspecified date, heard and reserved for orders on 05.01.2024, and pronounced on 08.01.2024.
Acts & Sections
- Bureau of Indian Standards Act, 2016: Section 16
- Constitution of India: Article 226
