The Karnataka High Court recently dismissed a petition that contested specific restrictions imposed by the Central government regarding the import of polyethylene into India.

The bench of Justice M Nagaprasanna emphasized that the government's notification primarily aims to ensure that every raw material, namely polyethylene, imported for the production of the final product, plastic, undergoes a certification process by the Bureau of Indian Standards (BIS).

The single-judge, Justice M Nagaprasanna, expressed reluctance to intervene in government policy decisions, especially those related to economic and quality standards, as pertaining to the case.

The BIS, functioning as the national standards body, facilitates the development, standardization, and quality certification of goods. In this context, the certification process involves obtaining the BIS standard mark, as elucidated in the explanation.

Justice Nagaprasanna reasoned that the court does not have the authority to scrutinize or override the decisions made by the Government of India concerning quality assessment.

The Court was adjudicating a petition filed by the All India HDPE/PP Woven Fabric Manufacturers Association, which represents manufacturers and suppliers of high-density polyethylene, low-density polyethylene, and related products.

The petitioner contested the 2021 notification from the Central government, which mandated that polyethylene must adhere to Indian standards. The argument put forth was that such a provision would hinder the unrestricted transportation of raw materials. Furthermore, there were allegations that this measure was designed to favor Reliance Industries, a manufacturer of linear low-density polyethylene.

After considering the submissions, the Court deemed the association's argument as "preposterous," asserting that the decision taken by the Centre is not unrelated to the production of plastic.

The court reasoned that if the raw material lacks quality, it would inevitably result in the finished product being substandard.

The Court also dismissed the argument suggesting that the notification would pave the way for monopolization by the prominent manufacturer, Reliance, deeming it "far from the truth."

The Court also rejected the reliance on a communication from the Plastics Export Promotion Council, which expressed concerns about the serious consequences of imposing BIS standards on polymer imports. The Court clarified that it was not an opinion of the Government of India but rather a presentation of two factors—the grievances expressed by the association and the opinion of the council.

The Court further noted that it cannot adopt the role of a supreme adviser to the administration regarding policies. In conclusion, the Court emphasized that the inclusion of every raw material under the BIS standards is aimed at ensuring the production of a high-quality final plastic product that does not pose hazards to the environment.