VASUNDHARA MENON Vs. UNION OF INDIA

JUDGEMENT

(1.) 'The utility of plastic in contemporary society is at a crossroads where the perceived benefit of single use, throw away products and packaging is outweighed by the true cost of persistent waste and fragmented micro plastics in terrestrial and marine ecosystems'

(2.) The facts in each of these writ petitions are similar. The petitioners have the necessary licenses and consents under the various regulatory statutes for the manufacture and/or distribution of 'compostable plastic carry bags' as defined under the Plastic Waste Management Rules, 2016 (hereinafter referred to as 'the PWM Rules' for brevity) framed by the Central Government under the Environment Protection Act, 1986 (hereinafter referred to as 'the EP Act' for brevity). During the pendency of the writ petitions before this Court, and pursuant to interim orders issued therein, the products dealt with by the petitioners were tested by the statutory authorities for conformity with the specifications for 'compostable plastic carry bags' and the reports made available before this Court suggest that they do. Thus, the only issue that arises for consideration in these writ petitions is the legality of the impugned Government Orders that include the products dealt with by the petitioners within the purview of the ban on single-use plastic.

(3.) Under our Constitution, the power of judicial review is traceable to Articles 32 and 226 that confer on the Supreme Court and the High Courts the power to issue prerogative and like writs to protect the citizens from state action that infringes upon their rights. The Constitution being the supreme law of our land, and the rule of law being one of its basic features, the exercise of statutory power has to conform, inter alia, to the requirements of fairness, non-arbitrariness and reasonableness, all of which are integral aspects of the rule of law. Thus, when a litigant approaches a writ court, alleging a breach of his rights - be it a constitutional right, a statutory right or a common law right - by an authority empowered by the State, the court examines the manner in which the decision was arrived at, and in exceptional cases, the decision itself, to see whether it conforms to the requirements mandated by the rule of law.