- (1.) Challenge to the constitutional validity of the Tamil Nadu Scheduled Articles (Prescription of Standards) Order, 1977 (hereinafter referred to as the order, for short) in its application to 'tea' having failed, the appellants are in appeal by special leave. The crux of the controversy centers around the question whether 'tea' can be included within the meaning of 'foodstuffs' listed as sub-clause (v) of Cl. (a) of S. 2 of the Essential Commodities Act, 1955 (hereinafter, the EC Act, for short) which defines "essential commodity."
(2.) The EC Act was enacted to provide, in the interest of the general public, for the control of the production, supply and distribution of, and trade and commerce, in certain commodities. The phrase 'essential commodity' is defined by Cl. (a) of S. 2 of the EC Act as under : 2. Definitions.- In this Act, unless the context otherwise requires,- xxx xxx xxx xxx xxx xxx xxx (a) "essential commodity" means any of the following classes of commodities :- (i) cattle fodder, including oilcakes and other concentrates; (ii) coal including coke and other derivatives; (iii) component parts and accessories of automobiles; (iv) cotton and woollen textiles; (iva) drugs; Explanation.- In this sub-clause, "drugs" has the meaning assigned to it in Cl. (b) of S. 3 of the Drugs and Cosmetics Act, 1940 (23 of 1940). (v) foodstuffs, including edible oilseeds and oils; (vi) iron and steel, including manufactured products of iron and steel; (vii) paper, including newsprint, paperboard and straw board; (viii) petroleum and petroleum products; (ix) 'raw cotton, whether ginned or unginned, and cotton seed; (x) raw jute; (xi) any other class of commodity which the Central Government may, by notified order, declare to be an essential commodity for the purposes of this Act, being a commodity with respect to which Parliament has power to make laws by virtue of entry 33, List III in the Seventh Schedule to the Constitution.
(3.) During the course of this judgment we would be required to concentrate on sub-clauses (v) and (xi) of the abovesaid definition.;