In matters involving challenge to the constitutionality of any legislation enacted by the Legislature and the rules framed thereunder the Courts should be extremely loath to pass an interim order. At the time of final adjudication, the Court can strike down the statute if it is found to be ultra vires the Constitution. Likewise, the rules can be quashed if the same are found to be unconstitutional or ultra vires the provisions of the Act. However, the operation of the statutory provisions cannot be stultified by granting an interim order except when the Court is fully convinced that the particular enactment or the rules are ex facie unconstitutional and the factors, like, balance of convenience, irreparable injury and public interest are in favour of passing an interim order.
In the instant case, a petition was filed challenging the constitutional validity of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 and the 2004 Rules as amended by the 2005 Rules. The High Court passed interim order staying the operation of the Rules. The High Court overlooked the fact that the consumption of tobacco products has huge adverse impact on the health of the public at large, and particularly, the poor and weaker sections of the society which are the largest consumers of such products and that unrestricted advertisement of these produces will attract younger generation and innocent minds, who are not aware of grave and adverse consequences of consuming such products.
Health for Millions v. Union of India, 2013 (10) SCALE 1: CA Nos. 5912-5913 of 2013; Decided on 22-7-2013 (SC) [G.S. Singhvi and Gopala Gowda, JJ.]
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