KAPIL GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is the proprietor of Delta Electronics which manufactures Compact Fluorescent Lamps (CFL). The petitioner is aggrieved by the fact that the manufacture of CFL) requires mandatory certification under Section 14 of the Bureau of Indian Standards Act, 1986 (hereinafter referred to as the BIS Act). The Bureau of Indian Standards has specified Indian Standard IS:15111 in respect of Self Ballasted lamps for general lighting services. These are the lamps which the petitioner manufactures and sells. Part-1 of IS:15111 pertains to safety requirements. Part-2 of the said IS:15111 pertains to performance requirements. The petitioner has no issue with part-1 which relates to safety requirements. The petitioner is only aggrieved by the fact that in paragraph 13.2 of Part-2 of IS:15111, the average life of the lamps has been specified as not less then 6000 hours. According to the petitioner, this is arbitrary and requires to be struck off the said standard.

(2.) In this context, the petitioner has, inter alia, prayed that the notification dated 22.08.2005 issued by the Ministry of Commerce and Industry requiring mandatory certification under Section 14 of the BIS Act, be struck down insofar as it relates to Self Ballasted (with internal choke) CFLs as per IS:15111(Part 1 and 2). The petitioner has also prayed that the specification of 6000 hours life time under the said IS is arbitrary and should be removed from the said Indian Standards. The petitioner has also prayed that BIS standards be revised so as to bring it in harmony with the international standards specified by the International Electrotechnical Commission (IEC) which is a worldwide organization for standardization comprising of National Electrotechnical Commissions.

(3.) The petitioner contends that part-1 of IS:15111 is based on the IEC Standard specified in 60968 with regard to safety requirements. Similarly, part-2 of IS:15111 is based on IEC Standard 60969 in respect of performance requirements. Paragraph 13 of Part-2 of IS:15111 reads as under:-