Patna HC: Disciplinary Authority Cannot Impose Major and Minor Penalties in a Single Order  ||  Calcutta HC: Landlord Decides His Residential Needs; Courts Cannot Set Living Standards in Eviction  ||  Orissa HC: Second Marriage During Subsistence of First Remains Invalid Even After First Wife's Death  ||  Karnataka HC: Appeals Against Acquittal in Bailable Offences Lie Only Before High Court  ||  Supreme Court: Stamp Duty on an Agreement to Sell is Leviable Only if Possession is Transferred  ||  SC: Motive Becomes Irrelevant When Direct Evidence Such as a Dying Declaration is Available  ||  Supreme Court Issues Directions to CoC in Builder Insolvency Cases To Protect Homebuyers’ Interests  ||  MP High Court: Women Retain Reservation Benefits After Marriage if Caste is Recognized in Both States  ||  Allahabad HC: Police Must Prosecute Informants of False Firs, and IOs May Face Contempt if They Fail  ||  MP HP: Over-Age Candidate Cannot Claim Age Relaxation Due to Delay in Earlier Recruitment    

The Association of the Traders and Ors. v. Union of India and Ors. - (16 Sep 2015)

Constitutionality of Food Safety and Standards Act, 2006 upheld

MANU/MH/2431/2015

Food Adulteration

The Bombay High Court summarised its position on the constitutionality and vires of the Food Safety and Standards Act, 2006 as thus: “…if preventing fraud on the consumers and those who are guilty of endangering human life by indulging and dealing with the unsafe food are required to be dealt with iron hands…the provisions intend to curb such social evil…challenge as raised by the petitioners on every count ought to fail” Associations comprised of retailers, hotels and restaurants had alleged that the Act was vague and ambiguous in its terminology; it gave States little authority to fill in the ‘grey areas’; and powers of food safety inspectors and officials to take drastic action without giving due opportunity to be heard was against the principles of natural justice. The Court noted pervasive public health and interest behind the formulation and functioning of the Act. Officials empowered to take action were bound by procedures of show cause notice and anyone receiving the same had recourse to legal mechanisms.

Relevant : Section 16 Food Safety and Standards Act, 2006 Act Dhariwal Industries Ltd. and Anr. v. State of Maharashtra and Others MANU/MH/1519/2012 Sakhawant Ali v. State of OrissaMANU/SC/0093/1954

Tags : FOOD SAFETY   CONSTITUTIONALITY   PUBLIC INTEREST  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved