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Challenge to imposition of Minimum Import Price conditions for...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed before Parliament
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Challenge to imposition of Minimum Import Price conditions for Black Pepper, Areca-nuts and Apples under the FTDR Act is addressed on substance: instruments titled notifications are treated as delegated legislation imposing import restrictions traceable to subsection (2) of Section 3, and validity is assessed by substance over form; nomenclature mismatch does not invalidate them. The statutory requirement to lay delegated legislation before Parliament under Section 19(3) is held directory, not mandatory, and non-compliance does not per se vitiate the notifications. Government is directed to place existing notifications before Parliament and petitioners may file objections within two weeks for hearing and further orders.
Challenge to imposition of Minimum Import Price conditions for Black Pepper, Areca-nuts and Apples under the FTDR Act is addressed on substance: instruments titled notifications are treated as delegated legislation imposing import restrictions traceable to subsection (2) of Section 3, and validity is assessed by substance over form; nomenclature mismatch does not invalidate them. The statutory requirement to lay delegated legislation before Parliament under Section 19(3) is held directory, not mandatory, and non-compliance does not per se vitiate the notifications. Government is directed to place existing notifications before Parliament and petitioners may file objections within two weeks for hearing and further orders.
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