HC issues notice on plea challenging state’s power to ban sale of hybrid seed varieties
The Punjab and Haryana High Court on Friday issued notice to Punjab on a petition challenging its authority to prohibit the sale of hybrid seed varieties, including those duly notified under the provisions of the Seeds Act.
The petitioners, all licensed dealers and retailers of notified seed varieties, contended that the regulation of hybrid seeds fell exclusively within the legislative domain of the Central Government.
Taking up matter the plea argued by senior advocate Gurminder Singh, Justice Kuldeep Tiwari notice to the respondents while fixing the case for May 2.
It was asserted before the Bench that there were currently 23 varieties notified for Punjab and the petitioners held valid licences to sell these.
However, the impugned order passed by Punjab, which prohibited the sale of hybrid seeds, effectively prevented these varieties from reaching the market.
“This not only infringes upon the vested rights of licensed dealers, but also curtails the farmer’s right to choose seeds freely from the open market,” Gurminder Singh submitted.
The petitioners added only the Central Government was empowered to regulate and de-notify hybrid varieties that under the Seeds Act and that too in consultation with the Central Seeds Committee. The State’s unilateral action not only lacked legal sanction but also amounted to overreach into an exclusive central subject, rendering the entire exercise arbitrary and illegal.
"The de-notification of the Hybrid Varieties can only be made by the Central Government in recommendation with the Central Seeds Committee. The entire action of the respondent state reeks of arbitrariness and illegality as the same prevails upon the domain of the Central Government," the petitioners argued.
Terming the ban as legally incompetent and disruptive, the petitioners sought interim directions to allow the sale of notified varieties during the pendency of the petition, especially given the ongoing peak sowing season.
