RAGHU SEEDS AND FARMS Vs. UNION OF INDIA

JUDGEMENT

(1.) BY Transferred Case nos. 4, 5 and 48 of 1986 and Writ Petition (Civil) nos. 15337 -15338 of 1984 the petitioners herein have challenged the constitutional validity of the Seeds (Control) Order, 1983 purported to have been issued in exercise of the powers conferred by Section 3 of the Essential Commodities Act, 1955 (hereinafter referred to as 'the Act') as being unconstitutional, ultra vires and void. The petitioners have also challenged the declaration of seeds of food crops and seeds of fruits and vegetables as the essential commodities by the" Government of India, Ministry of Civil Supplies, contained in the order dated 24th February, 1983 also issued under the Act. (xi) any other class of commodity which the Central Government may, by notified order, declare to be an essential commodity for the purposes of this Act, being a commodity with respect to which Parliament has power to make laws by virtue of Entry 33 in List III in the Seventh Schedule to the Constitution; "

(2.) IT is clear that the aforesaid Entry 33 deals with not merely trade and commerce in, but also in the production, supply and distribution of, various products and articles mentioned in clauses (a) to (e) thereof. Clause (b) of Entry 33 mentions "foodstuffs" as a class of commodity which includes edible oil seeds and oils. The main thing to be noticed is that the Entry deals with not merely trade and commerce in foodstuffs but also in relation thereof in production, supply and distribution as well. Once it is clear that Entry 33 also deals with production, it is obvious that the seeds are a Vital commodity having direct connection with the production of the foodstuffs to which it relates. Therefore, seeds of foodstuffs is an item which has direct bearing with the production of the foodstuffs and consequently it is competent for the Parliament as well as States to make laws in relation to seeds of foodstuffs. Surely seeds of food -crops and seeds of fruits and vegetables relate to foodstuffs.