ORDER

These three Writ Petitions, filed under Article 32 of the Constitution of India, raise common question of law, challenging Section 3(h) of the Drugs and Cosmetics Act, 1940, as amended by Act 68 of 1982 (for short, the Act") with effect from February 1, 1983 as unconstitutional, being arbitrary and violative of Article 14 and 19(1)(g) of the Constitution. The grievance of the petitioners is that while the Act amends the definition of "Patent and Proprietary Medicine" under Section 3(h) of the Act, the definition drugs under Section 3(b) read with the definition Ayurvedic drug under Section 3(a) has not been changed; as a consequence, there is no prohibition for patenting the Ayurvedic drugs manufactured by the petitioners whereas under the impugned order of the Drug Controller dated February 16, 1983 it is so construed and manufacture of those drugs is prohibited. Therefore, the Amendment Act 68 of 1983 and the order passed by the Drug Controller, Government of India, are ultra vires the legislative power.

2. Shri M.N. Krishnamani, learned senior counsel and Shri Pankaj Kalra, learned counsel appearing for the petitioners, seek to support their grievance, but we are unable