'FSSAI Is There' : Supreme Court Dismisses PIL Seeking Court-Monitored Committee To Enforce Food Safety Standards

The Supreme Court has refused to entertain a Public Interest Litigation (PIL) seeking court-monitored effective compliance with food safety enforcement measures across the country by constituting a National Task Force. A bench comprising Justice Vikram Nath and Justice Sandeep Mehta heard the PIL that raised the issues of unsafe and unhygienic food being provided to the citizens of the country. To support, the petitioner, Dr KA Paul, had relied on several newspaper reports highlighting instances of alleged unhygienic and unsafe food dispensation to the affected people. The Court found the PIL to be lacking credible evidence of non-compliance with food safety measures to seek the Court's interference. It added that merely relying on newspaper reports would not justify judicial scrutiny unless corroborated by independent and reliable data. Further, the Court reasoned that when under Food Safety and Standards Act, 2006, a specialised, multi-disciplinary body called Food Safety and Standards Authority of India (FSSAI) was established to regulate a food sector, it was not open for the Court “to substitute its own wisdom for that of the statutory regulator, nor can it assume the role of a super-regulator in the absence of any demonstrated, systemic failure of the existing machinery.” The Court pointed out that Article 32 jurisdiction cannot be invoked to undertake supervisory or managerial functions over a statutory forum. “…it is not for this Court to substitute its own wisdom for that of the statutory regulator, nor can it assume the role of a super-regulator in the absence of any demonstrated, systemic failure of the existing machinery. The jurisdiction under Article 32 of the Constitution of India is primarily concerned with enforcement of fundamental rights and cannot be expanded to undertake supervisory or managerial functions over statutory fora, particularly in highly technical domains such as food safety regulation.” “The petitioner has failed to place any empirical data or cogent material on record to satisfy this Court that the enforcement of the Act of 2006 is slack or wanting in any substantial manner. Few stray instances of non-compliance, do not constitute sufficient ground for issuance of a writ of mandamus directing an overhaul of a functioning regulatory framework.”, the court added. Resultantly, the PIL was dismissed. Cause Title: DR. K.A. PAUL @ KILARI ANAND PAUL VERSUS UNION OF INDIA & ORS.Citation : 2026 LiveLaw (SC) 355Click here to download orderPetitioner-in-person argued for himself

'FSSAI Is There' : Supreme Court Dismisses PIL Seeking Court-Monitored Committee To Enforce Food Safety Standards

Yash Mittal

The Court stated that Article 32 cannot be used to take over the fucntions of statutory bodies.

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