In a significant ruling today (July 23), the Supreme Court issued a divided verdict on petitions contesting the Union Government's authorization of genetically modified mustard.

While Justice BV Nagarathna quashed the approval granted by the Genetic Engineering Appraisal Committee and the Ministry of Environment and Forests, Justice Sanjay Karol upheld it.

Due to the differing opinions, the bench has directed the registry to place the matter before the Chief Justice of India, who will constitute a larger bench to rehear the case. It is noteworthy that during the petition's hearing, the Union Government agreed not to implement the decision.

The Bench of Justices BV Nagarathna and Sanjay Karol delivered its verdict on a series of Public Interest Litigations (PILs) challenging the Union government's decision to commercially cultivate and release genetically modified (GM) mustard, known as 'HT Mustard DMH-11,' into the environment. This marks the first instance of a transgenic food crop being planned for cultivation in India.

In her judgment, Justice Nagarathna held that the approval given by the Genetic Engineering Appraisal Committee (GEAC) on October 18, 2022, and the subsequent decision dated October 25, 2022, regarding the environmental release of transgenic mustard, are "vitiated" and contrary to the principle of public interest. The judgment highlighted that the decision was made hastily without considering several aspects, including the impact on health.

Justice Nagarathna noted that the Food Safety and Standards Authority of India (FSSAI) has not conducted any study on the impact of GM mustard on health. She observed that the failure to adequately assess the health and environmental impact seriously infringes upon intergenerational equity.

Conversely, Justice Karol held that the approval given by the GEAC was not vitiated. However, he issued directions for strict monitoring by the Union Government.

The judges agreed on the following aspects:

1. Judicial Review: Judicial review of the GEAC's decision is permissible.
2. National Policy on GM Crops: The Union of India must develop a national policy on genetically modified (GM) crops. This policy should be formulated in consultation with all stakeholders, including states and farmer groups. The Ministry of Environment and Forests (MoEF) is to conduct a national consultation within the next four months, involving the states as well.

Case Details:

1. Gene Campaign & Anr. v. Union of India & Ors. [WP (C) No. 115/2004]
2. Aruna Rodrigues & Ors. v. Union Ministry of Environment, Forest and Climate Change & Ors. [WP (C) No. 260/2015]