The Madras High Court Bench here has upheld the validity of a notification issued by the Union Ministry of Commerce and Industry on June 4, 2013 delegating the power to issue licences for import or export of explosives by land to the Joint Secretary in-charge of Explosive Division in the Department of Industrial Policy and Promotion.
The First Division Bench of Chief Justice Sanjay Kishan Kaul and Justice S. Nagamuthu dismissed a public interest litigation petition filed by an advocate challenging the validity of the notification and seeking a direction to declare it null and void and ultra vires to the provisions of the Explosives Act as well as the rules framed thereunder.
“Delegated power within the context of Rule 43, which is for issuance of licence for import or export, has to be exercised as per the notification and policies of the Central government. This is a limited power and it has been misconstrued by the petitioner as if it amounts to delegation of power in respect of sections where it is prohibited.
