Yogeshwar Dayal, J. - (1.) By Transferred Cases Nos. 4, 5 and 48 of 1986 and Writ Petitions (Civil) Nos. 15337-15338 of 1984 the petitioners herein have challenged the constitutional validity of the Seeds (Control) Order, 1983 purported to have been issued in exercise of the powers conferred by S. 3 of the Essential Commodities Act, 1955 (hereinafter referred to as 'the Act' as being unconstitutional, ultra vires and void. The petitioners have also challenged the declaration of seeds of food-crops and seeds of fruits and vegetables as the essential commodities by the Government of India, Ministry of Civil Supplies contained in the order dated 24th February, 1983 also issued under the Act.
(2.) Section 2 of the Act is the definition section and inter alia clause (a) thereof defines "essential commodity". The relevant part of clause (a) reads as follows "(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 "drug" has the meaning assigned to it in clause (b) of S. 3 of the Drugs and Cosmetics Act, 1940(23 of 1940); (v) foodstuffs, including edible oilseeds and oils; (vi) to (x) ............................. (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 in List III in the Seventh Schedule to the Constitution;"
(3.) By the impugned notified order dated 24th February, 1983 the Central Government in exercise of the powers conferred by sub-clause (xi) of clause (a) of S. 2 of the Act declared the following seeds used for sowing or planting (including seedlings and tubers, bulbs, rhizomes, roots, cuttings and all types of grafts and other vegetatively propagated material of foods crops or cattle fodder) to be essential commodities for the purpose of the said Act, namely "(i) Seeds of food-crops and seeds of fruits and vegetables; (ii) Seeds of cattle fodder and (iii) jute seeds." ;