Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Foreign Trade (Development and Regulation) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 |
Case Type | Transfer Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Foreign Trade (Development and Regulation) Act, 1992 – ss.3(2), 9A – Statutory Scheme of – Notifications, trade notices were issued amending the import policy for peas, pulses shifting them from free to restricted category requiring prior authorization for import – Validity of – Held: There is no violation of s.3 in the issuance of the impugned notifications or orders, which are intra vires and not ultra vires – Further, implementation of GATT-1994, including Article XI, is left to the Central Government by means of delegated legislation – FTDR Act does not legislate and transform Article XI of the GATT-1994 – Notwithstanding s.9A, the Central Government continues and has authority to impose quantitative restrictions by an order u/s.3(2) – Impugned notifications are valid as they are issued in accordance with the power conferred in the Central Government in terms of sub-section (2) to s.3 – International Convention/Treaties – General Agreement on Tariff and Trade (GATT), 1947; General Agreement on Tariff and Trade (GATT), 1994 – Articles XI and XIX – Constitution of India – Arts. 73, 77, 253, Part XI- Chapter I – Government of India (Transaction of Business) Rules, 1961 – Customs Act, 1962 – s.11 – Safeguard Measures (Quantitative Restrictions) Rules, 2012 – Foreign Trade (Regulation) Rules, 1993 – Doctrines/Principles – Principle of invocability or justiciability; Act of transformation. International Convention/Treaties – International treaty – General Agreement on Tariff and Trade, 1994 (GATT-1994) – Effect of on domestic law; Obligations of contracting party – Discussed. International Convention/Treaties – International customary/ treaty law Applicability in domestic law – Theories – Dualism and Monism – Discussed.Foreign Trade (Development and Regulation) Act, 1992 – ss.3(4), 18A – Held: provisions of FTDR Act are in addition to, and not in derogation of, the provisions of any other law for the time being in force – This would be the correct way to harmoniously read and interpret sub-section(4) to s.3 and s.18A. Foreign Trade (Development and Regulation) Act, 1992 – ss.3, 9A – Interpretation of – Discussed. Maxims – Lex specialis derogat legi generali – When not applicable – Discussed. Words & Expressions – ‘direct application’ – Meaning of – Held: It means and mandates that the treaty norms, either wholly or to some extent, are directly treated as norms of domestic law and enjoy the statutory law status by default in the domestic legal system – International Convention/Treaties. |
Judge | Hon'ble Mr. Justice Sanjiv Khanna |
Neutral Citation | 2020 INSC 508 |
Petitioner | Union Of India And Others |
Respondent | Agricas Llp And Others Etc. |
SCR | [2020] 14 S.C.R. 372 |
Judgement Date | 2020-08-06 |
Case Number | 496 |
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