Judgment

YOGESHWAR DAYAL, J. - By Transferred Cases Nos. 4, 5 and 48 of 1986 and Writ Petitions (Civil) Nos. 15337-15338 of 1984 the petitioners herein have challenged the constitutional validity of the Seeds (Control) Order, 1983 purported to have been issued in exercise of the powers conferred by S. 3 of the Essential Commodities Act, 1955 (hereinafter referred to as the Act as being unconstitutional, ultra vires and void. The petitioners have also challenged the declaration of seeds of food-crops and seeds of fruits and vegetables as the essential commodities by the Government of India, Ministry of Civil Supplies contained in the order dated 24th February, 1983 also issued under the Act.

2. Section 2 of the Act is the definition section and inter alia clause (a) thereof defines "essential commodity". The relevant part of clause (a) reads as follows

"(a) "essential commodity" means any of the following classes of commodities -

(i) cattle fodder, including oilcakes and other concentrates;

(ii) coal, including coke and other derivatives;

(iii) component parts and accessories of automobiles;

(iv) cotton and woollen textiles;

(iva) drugs;

Explanation - In this sub-clause "drug" has the meaning assigned to it in clause (b) of S. 3 of the Drugs and Cosmetics Act, 1940(23 of 1940);

(v) foodstuffs, including edible oilseeds and oils;

(vi) to (x) .............................

(xi) any other class of commodity which the Central Government may, by notified order, declare to be an essential commodity for the purposes of this Act, being a commodity with respect to which Parliament has power to make laws by virtue of Entry 33 in List III in the Seventh Schedule to the Constitution;"

3. By the impugned notified order dated 24th February, 1983 the Central Government in exercise of the powers conferred by sub-clause (xi) of clause (a) of S. 2 of the Act declared the following seeds used for sowing or planting (including seedlings and tubers, bulbs, rhizomes, roots, cuttings and all types of grafts and other vegetatively propagated material of foods crops or cattle fodder) to be essential commodities for the purpose of the said Act, namely

"(i) Seeds of food-crops and seeds of fruits and vegetables;

(ii) Seeds of cattle fodder and

(iii) jute seeds."

4. After issuing the said notified order declaring inter alia the seeds of food-crops and seeds of fruits and vegetables as essential commodities the Central Government issued the impugned Seeds (Control) Order, 1983 purported to be in exercise of the powers conferred by S. 3 of the Act. It inter alia contemplates that the persons carrying on business of selling, exporting or importing seeds to obtain licence. It also inter alia provides for grant and/or refusal of the licence; renewal of the licence and various ancillary provisions for suspension, cancellation of licence and submissions of various returns including provision of punishment for violation of the Seeds (Control) Order, 1983.

5. The basic question involved in these matters is the validity of the notified order dated 24th February, 1983 whereby inter alia seeds of food-crops and seeds of fruits and vegetables have been declared as essential commodities for the purposes of the Act. The validity of the notified order inter alia is challenged on the ground that the seeds of food-crops and seeds of fruits and vegetables are not class of commodities which could be declared by the Central Government as essential commodities for the purposes of the Act. The argument is that it is so because such a commodity is not a commodity in respect of which the Parliament has powers to make law by virtue of Entry 33 of List Ill of the VIIth Schedule to the Constitution of India. Entry 33 of List III of the VIIth Schedule to the Constitution of India reads as follows:-

"33. Trade and commerce in, and the production, supply and distribution of,-

(a) .............................................................................................

(b) Foodstuffs, including edible