State's Power to Ban Single-Use Plastics Under Sec 5 of Environment Act Upheld by Kerala High Court, Citing Supreme Court Precedent - 2025-07-23

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Kerala High Court Upholds State's Ban on Single-Use Plastics, Dismisses Manufacturers' Petitions

KOCHI: The Kerala High Court on Wednesday, July 23, 2025, delivered a significant judgment upholding the State of Kerala's authority to prohibit single-use plastic products. In a common judgment disposing of a batch of eleven writ petitions, Hon'ble Mr. Justice Viju Abraham affirmed the legality of government orders issued in 2019, dismissing the challenges raised by various manufacturers' associations.

The court's decision solidifies the state's environmental policy, confirming that the government acted within its legislative competence under the Environment (Protection) Act, 1986.

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Background of the Case

The legal battle began in late 2019 and early 2020 when several industry bodies, including the Kerala Paper Cup Manufacturers Association, Kerala Plastics Manufacturers Association, and the Malayale Non-Woven Bag Manufacturing Association, challenged two government orders: G.O. No. 6/2019 dated 27.11.2019 and G.O. No. 7/2019 dated 17.12.2019.

These orders imposed a comprehensive ban on the production, sale, and use of a wide range of single-use plastic items, including plastic carry bags, plates, cups, and non-woven bags, effective from January 2020. The petitioners contested the State Government's power to issue such a sweeping prohibition, arguing it fell under the purview of the Central Government. One petition, distinct from the others, sought the stringent implementation of the very ban its counterparts were challenging.

Arguments and Court's Reasoning

The core legal question before the High Court was whether the State of Kerala was competent to issue a ban under Section 5 of the Environment (Protection) Act, 1986.

State's Position: The learned Government Pleader defended the state's action by heavily relying on a recent Supreme Court judgment. It was argued that the apex court had already settled the issue of a state's competence in a similar matter.

Court's Reliance on Supreme Court Precedent: Justice Viju Abraam's decision was anchored in the Supreme Court's ruling in Tamil Nadu and Puducherry Paper Cup Manufactures Association v. State of Tamil Nadu & Ors. [2023 SCC OnLine SC 1383] . The High Court noted that this precedent unequivocally upheld the power of a State Government to ban various single-use plastics under the Environment (Protection) Act.

The judgment stated:

"In the light of the declaration of law by the Apex Court upholding the power of the State Government to issue ban orders regarding various stages of single use plastics, I am of the view that the challenge against the Government Orders are only to be rejected."

The court also took note of the fact that while the petitioners had initially challenged the state's move in the absence of central rules, the Union Ministry of Environment, Forest & Climate Change has since introduced its own comprehensive regulations through notifications in August 2021 and July 2022, further strengthening the legislative intent against single-use plastics.

Final Verdict and Directions

The High Court decisively dismissed the petitions challenging the government orders, thereby repelling the manufacturers' primary contention.

• Main Challenge Rejected: The court found no merit in the challenge to the state's competence and upheld the validity of the 2019 ban.

• Specific Claims: For petitioners seeking a refund of fines or compensation for unused stock, the court declined to adjudicate on these factual claims in a writ proceeding. It directed them to pursue their remedies in appropriate forums, noting that the time spent litigating this writ petition could be claimed for limitation purposes.

• Implementation Order: In the petition seeking enforcement of the ban (W.P.(C)No.24937 of 2020), the court issued a clear directive:

  "...it is made clear that the Government is duty bound to implement the directions in the Government Orders as well as the rules framed in this regard by the Government of India and if there is any breach, the petitioners will be free to represent the matter before the authority concerned, who shall take appropriate action in accordance with law."

With this verdict, the legal hurdles for the enforcement of Kerala's single-use plastic ban have been cleared, reinforcing the state's role in environmental protection.