P&H High Court Quashes Punjab Govt's Order To Ban Hybrid Seeds, Upholds Ban On Non-Notified Varieties

The Punjab and Haryana High Court has quashed an order issued by the Punjab Government banning the use of hybrid seeds, holding that the state lacked the authority to impose such a prohibition. However, the Court upheld the administrative order which imposed prohibition only upon the use of those kinds or varieties of hybrid paddy seeds in the State of Punjab which are non-notified varieties.The ban was imposed by the administrative orders passed by the Department of Agriculture, Punjab, on the use of the paddy variety PUSA-44 and all types of hybrid paddy seeds. As per the State, the Paddy variety PUSA-44 was banned because it takes longer to mature; leaves extensive stubble after harvest, which causes stubble burning by the farmers.Justice Kuldeep Tiwari said, "this Court has no hesitation in holding that the imposition of prohibition for use of 'notified kind or variety of hybrid seeds', by dint of Section 5 of the Seeds Act, 1966, does not pass the test of legality, hence deserves to be quashed."Referring to the the Seeds Act, 1966, The Seeds Rules 1968, the Court concluded that, "the State Government is not vested with any power to impose a ban upon notified kind or variety of hybrid seeds, which have legal force on account of Section 5 of the Act of 1966."The petitioners challenged the ban mainly on the ground that the certification of seeds is the exclusive domain of the Union Government, under the Central Seed Certification Authority constituted under the Act of 1966, and all the varieties of hybrid seeds are certified by authorities established under this Act;In respect of the administrative order passed by the State Government, the Union of India had come up with a clear stand that, once a variety is notified under Section 5 of the Act of 1966, it attains a national legal character and becomes eligible for production and sale across the country in specified States and agroclimatic zones.The prescribed de-notification process must be followed, involving Central Seed Committee, to amend, override or nullify such notification after according an opportunity of being heard to the concerned breeder or proponent of the variety, the Union had stated.AG Punjab Maninderjit Singh Bedi submitted that the subject 'agriculture' falls within the State List II in the 7th Schedule, which empowers the State to make laws with respect to agriculture.The power to control and regulate the movement of seeds and their use lies within the domain of the State Government, and that such power is derived from the State enactment i.e. The East Punjab Improved Seeds and Seedlings Act,1949 (1949 Act), he added.New Law Prevails Over Earlier Enactment If Both Govern Same Subject and Cannot Be ReconciledJustice Tiwari pointed that there are, undisputedly, overlapping provisions among the Act of 1949, Seeds Act of 1966, and the Seeds Order. It is also undisputed that the Act of 1949 is a pre-Constitutional enactment, and after the commencement of the Constitution of India on 26.01.1950, the subject of seeds was included under Entry No. 33 in the Concurrent List. Thereafter, the Parliament enacted the Act of 1966, which governs the same subject, namely, seeds, the judge noted.The Court reiterated that, if a new enactment has come on same subject, which governs the wider sphere, the earlier enactment must give place to the later, if the two cannot reconcile. In the present scenario, the Court found that the Seeds Act, 1966 has constituted specific authorities, who shall notify the kinds or varieties of seeds to be notified kinds or varieties. Moreover, it also prescribes the complete mechanism to be followed thereafter to regulate the trade and commerce, production, supply and distribution of seeds. Justice Tiwari pointed that the State Government has neither issued any preliminary notification notifying 'improved seeds' or 'seedlings', nor issued any notification notifying 'authorized agents' to sell such improved seeds or seedlings, under the Act of 1949 after the incorporation of the Act of 1966. This clearly reflects that the Act of 1949 has not been given effect to by the State Government; rather it created authorities under the Act of 1966 for its implementation. Therefore, the Court concluded thatthe East Punjab Improved Seeds and Seedlings Act, 1949shall give way to the Seeds Act of 1966.The judge noted that the Central Government, while exercising its executive powers by dint of the Act of 1966, notified kind or variety of hybrid seeds, therefore, the State Government cannot issue conflicting directions to prohibit the user thereof."The subject 'seeds' falls in the Concurrent List, hence both Legislature of State and Parliament have power to enact laws. With these observations, this Court can safely conclude that Article 162 does not come to rescue the impugned administrative order dated 07.04.2025," it added.However, the Court opined that, "Non notified seeds do not assume legal sanctity as assumed by notified seeds under...

P&H High Court Quashes Punjab Govt's Order To Ban Hybrid Seeds, Upholds Ban On Non-Notified Varieties

Aiman J. Chishti

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