KHADI MANDIR Vs. UNION OF INDIA

JUDGEMENT

(1.) These petitions for writ are before us to challenge constitutional validity of Khadi Mark Regulations, 2013 (hereinafter referred to as 'the Regulations of 2013') framed by the Khadi and Village Industries Commission with the previous sanction of the Central Government, exercising powers conferred by Section 27 read with clause (k) of sub-section(2) of Section 15 of the Khadi and Village Industries Commission Act, 1956 (hereinafter referred to as 'the Act of 1956').

(2.) The Regulations of 2013 are having application to the persons who are engaged in production, sale or trading of khadi and khadi products or who are desirous of producing, selling or trading in khadi and khadi products, and to certified khadi institutions, who hold a valid certificate issued by the Commission under clause (k) of sub-section(2) of the Khadi and Village Industries Commission Act, 1956 read with sub-regulation(2) of regulation 24 of Khadi and Village Industries Commission Regulations, 2007. Under the Regulations of 2013, certain guidelines are prescribed for using khadi mark including that no textile can be sold or otherwise treated by any person or certified khadi institution as khadi or khadi product in any form or manner without it bearing a khadi mark tag or label issued by the committee created under the Regulations.

(3.) The argument advanced by learned counsel is that the provisions of the Regulations are in conflict with the provisions of the parent Act i.e. the Khadi and Village Industries Commission Act, 1956 and further for causing enormous inconvenience to the khadi producers and traders who are having their base in remote rural areas of the country. It is submitted that the textile khadi is generally produced by poor weavers and it shall be quite difficult for them to tag the mark under the Regulations of 2013 and the condition impugned will not only cause a huge injury to village industry but that will ruin the village industry.