RAGHU SEEDS AND FARMS AND OTHERS ETC. versus THE UNION OF INDIA AND ORS. ETC.

RAGHU SEEDS AND FARMS AND OTHERS ETC. versus THE UNION OF INDIA AND ORS. ETC.

Seeds of food-crops and seeds of fruits and vegetables have direct bearing with the production of foodstuffs. Entry 33 of List III covers not only foodstuffs but also production, thus Parliament and States can legislate on seeds. The notified order dated 24th February, 1983 and Seeds (Control) Order, 1983 are intra vires.

Parties
Petitioner: Raghu Seeds and Farms and Others; Respondent: Union of India and Others
Jurisdiction
India
Judgment Date
28 October 1993
Procedural Posture
Transferred Case and Writ Petition (civil) / Final Judgment
Outcome
Petitions dismissed with costs.
Legal Topics
Validity of Seeds (control) Order, 1983, Essential Commodities Act, Entry 33 of List III Seventh Schedule
Constitutional Law Administrative Law Agriculture Law Validity of Seeds (control) Order, 1983 Essential Commodities Act Entry 33 of List III Seventh Schedule

Case Brief

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Parties

Raghu Seeds and Farms and Others

Petitioner

Union of India and Others

Respondent

Procedural Posture

Transferred Case and Writ Petition (civil) / Final Judgment

Legal Issues

  1. 1 Whether seeds of food-crops and seeds of fruits and vegetables can be declared as essential commodities under Essential Commodities Act, 1955
  2. 2 Whether Seeds (Control) Order, 1983 is within the powers of the Central Government as per Entry 33, List III Seventh Schedule to the Constitution

Ratio Decidendi

Seeds of food-crops and seeds of fruits and vegetables have direct bearing with the production of foodstuffs. Entry 33 of List III covers not only foodstuffs but also production, thus Parliament and States can legislate on seeds. The notified order dated 24th February, 1983 and Seeds (Control) Order, 1983 are intra vires.

Court Disposition

Petitions dismissed with costs.

Orders

  • Petitions dismissed
  • Costs awarded to respondent