Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Freedom of speech and expression Drugs and Cosmetics |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Drugs and Cosmetics Rules, 1945 - Drugs and Cosmetics Act, 1940 - Drugs - Ingredients of - Disclosure - Vegetarian / non-vegetarian - High Court in exercise of jurisdiction u/Art. 226 of the Constitution directing the drug manufacturers to display a particular symbol in the packages of drugs other than life saving drugs to identify the ingredients of 'non-vegetarian'! 'vegetarian' origin - Justification - Held: In a given circumstance, the condition of a patient may be such that a drug ordinarily not treated as a life saving drug may be essential to save the life - In such a case when drug becomes a life saving drug, it may not be desirable for the patient or his attendant to know the origin of the ingredients of the drug i.e. whether 'vegetarian' or 'non-vegetarian' -Also, in individual cases, the Central Government may feel difficulty in specifying the origin of a 'vegetarian' or 'non-vegetarian' ingredient, if a person wants to know the definite origin of such 'vegetarian' or 'non-vegetarian' ingredient on the basis of his food habit - Under the Drugs and Cosmetic Rules, the Central Government in consultation with the Drug Technical Advisory Board is empowered to decide whether any amendment is to be made in the relevant Rules showing the ingredients of vegetarian or non-vegetarian origin or to provide a symbol - Without fruitful consultation with the Advisory Board, no amendment can be made or suggested to change the label of the drugs and cosmetics - On an earlier reference, the Advisory Board had already opined that the labelling of drugs as 'vegetarian' or 'non-vegetarian' or 'from animal sources' is not desirable - High Court u/Art. 226 had no jurisdiction to direct the Executive to exercise power by way of subordinate Legislation pursuant to power delegated by the Legislature to enact a Jaw in a particular manner, as was done in the present case - For the same reason, it was also not open to the High Court to suggest any interim arrangement as was given by the impugned judgment - Constitution of India, 1950 - Art. 226. Constitution of India, 1950 - Art.19(1)(a) and 19(2) - Freedom of speech and expression - Right to receive information - Held: The freedom of speech and expression includes the right to receive information - But such right can be limited by reasonable restrictions under the law made for the purpose mentioned in Art. 19(2) - It is imperative for the State to ensure the availability of the right to the citizens to receive information - But such information can be given to the extent it is available and possible, without affecting the fundamental right of others. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2013 INSC 141 |
Petitioner | Indian Soaps & Toiletries Makers Association |
Respondent | Ozair Husain And Others |
SCR | [2013] 4 S.C.R. 675 |
Judgement Date | 2013-03-07 |
Case Number | 5644 |
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