HC issues notice to Centre on quashing of notification

The Madras High Court bench today ordered issue of a notice to the Centre on a petition seeking quashing of the June 4 2013 notification of the Union Commerce and Industry Secretary, delegating powers to the Joint Secretary (Explosives Division) to grant license for import of explosives by land.
Justices M Jaichandran and R Mahadevan directed the central government officials, including the Secretary to the Commerce and Industry department, to file a reply in four weeks.
Petitioner S M Ananthamurgan, an advocate, submitted that as per the Explosives Act, the union government is vested with the power to prohibit import of especially dangerous explosives.

When the union government has specifically barred import of fireworks or explosives, the Secretary could not delegate the government's exclusive powers to the Joint Secretary of the Department, he said.
The Secretary had delegated power of the union cabinet in the hands of Joint Secretary, thinking that his subordinate officer was above the cabinet and the Act. As an executive officer, he was bound by the union's cabinet's decision.
The power to take decisions relating to import of explosives was a government policy decision and could be decided only by the union cabinet and not by a Joint Secretary.

If the Joint Secretary granted license to import the fireworks through illegal notification, it would affect domestic industries and result five lakh employees losing their jobs. The notification was ultravires of the Explosives act, the petitioner contended.

He recalled that the Minister of State for Commerce and Industry had said that the Centre had no idea to grant license to import fireworks from abroad. He pointed out that government had seized Chinese fireworks worth several crores of rupees in the last four years and was taking steps to prevent imports.
Against this background, the Secretary could not delegate any power to the Joint Secretary to allow import of explosives by land, he said.