Executive policy review limits uphold shark fin export ban where relevant considerations and public interest were shown.

The Central Government's foreign trade policy power under Section 5 of the Foreign Trade (Development and Regulation) Act, 1982 covered the notification prohibiting export of shark fins, so the measure was examined as an executive policy decision. The Court found that relevant considerations, including stakeholder participation and concerns over shark depletion and marine ecosystem protection, had informed the decision. In judicial review under Article 226, the Court would not reassess the adequacy of the policy or substitute a different view absent mala fides or a decision taken outside the proper process. The notification was upheld and the challenge failed.

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Issues: Whether the notification issued under Section 5 of the Foreign Trade (Development and Regulation) Act, 1982 prohibiting export of shark fins was liable to be struck down on the grounds of lack of competence, non-application of mind, and irrationality in policy formulation.

Analysis: The power to formulate foreign trade policy vests in the Central Government under Section 5 of the Foreign Trade (Development and Regulation) Act, 1982, and the impugned notification was treated as one issued by the Central Government. The challenge was therefore examined as one to a policy decision. The materials placed before the Court showed prior deliberations, stakeholder participation, and concern over depletion of sharks and protection of the marine ecosystem. In judicial review under Article 226 of the Constitution of India, the Court cannot sit in appeal over executive policy or re-appraise the adequacy of the policy choice once relevant considerations have been taken into account and the decision is not shown to be mala fide or outside the decision-making process.

Conclusion: The notification was upheld and the challenge failed; the policy decision was not interfered with.

Final Conclusion: The writ petitions were rejected, leaving the impugned export ban on shark fins undisturbed.

Ratio Decidendi: A policy decision made by the competent executive authority on relevant considerations, in the public interest, will not be interfered with in judicial review merely because a different or better policy may be possible.

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