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Supreme Court of India· 18 September 2026

Can the validity of a subordinate legislation be challenged on the same grounds available against a plenary legislation?

M/S BALAJI FORMALIN PVT. LTD. & ANR v. UNION OF INDIA & ANR
2026 INSC 1009 · WRIT PETITION (C) NO. 893 OF 2019
Coram: Justice J.B. Pardiwala · Justice K. Vinod Chandran
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Answer

The validity of a subordinate legislation can be challenged on the same grounds available against a plenary legislation.

Yes. The validity of a subordinate legislation can be challenged on the same grounds available against a plenary legislation, including lack of legislative competence, being ultra vires the Constitution or the parent Act, being contrary to another statutory provision, exercise of the law-making power in bad faith, being manifestly arbitrary or unreasonable, or not fulfilling the object and purpose of the parent Act.

Headnote

Constitution of India — Art.14 — Art.19(1)(g) — Art.19(6) — Poisons Act, 1919 — Subordinate legislation — Proportionality — Constitution of India — Art.19(6) — Proportionality test — Held: A restriction on a fundamental right must pursue a legitimate aim, be suitable and necessary, and be balanced against the individual's right. This four-fold test governs whether a restriction under Article 19(6) is proportionate. (¶54, 55, 56, 57, 58) Constitution of India — Subordinate legislation — Grounds of challenge — Held further: The validity of a subordinate legislation can be challenged on the same grounds available against a plenary legislation. These include lack of legislative competence, being ultra vires the Constitution or the parent Act, and being manifestly arbitrary or unreasonable. (¶23, 24) Constitution of India — Art.19(1)(g) — Hardship not a ground alone — Held further: Hardship caused to a section of society is not by itself ground to strike down a legislation that is otherwise fair and reasonable. Such State action must nonetheless be reasonable and proportionate to withstand scrutiny. (¶39) Maharashtra Poisons Rules, 1972 — Rule 18A — Rule 18B — Application of the proportionality test — Held further: A rule mandating denaturants for methanol is not proportionate where less restrictive alternatives exist and the industries' burden is met only by a possible benefit. Rules 18A and 18B held violative of Articles 14 and 19(1)(g); petitions and appeal allowed. (¶56, 57, 58, 60, 68)

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In the Court's own words
Paragraph 23The impugned rules brought into force by the 2011 notification are in a form of a subordinate legislation. It is now well settled by a catena of decisions that validity of a subordinate piece of legislation may be challenged on the following grounds:- i. There is lack of legislative competence to make the subordinate legislation; ii. It is ultra vires the fundamental rights or any other Articles of the Constitution; iii. It is ultra vires the parent Act; iv. It is contrary to the any other statutory provision; v. The law-making power has been exercised in bad faith; vi. It is manifestly arbitrary or unreasonable; vii. It does not fulfill the object and purpose of the parent Act, or exceeds the limits of authority conferred by the enabling Act. [See: State of Tamil Nadu v. P. Krishnamoorthy, (2006) 4 SCC 517; Mahalakshmi Sugar Mills Co. Ltd. v. Union of India, (2009) 16 SCC 569; Vasu Dev Singh v. Union of India, (2006) 12 SCC 753.]
Paragraph 24It is trite law that a subordinate legislation can be challenged on the same grounds available against a plenary legislation. In other words, a subordinate legislation should not be an exercise of power that is unreasonable, lacking an adequate determining principle, irrational, excessive or disproportionate. The object behind the State action, the manner in which it is undertaken, and its effect on the fundamental rights, all must meet the tests of Part III of the Constitution.
Acts & Sections
Rule 18A Maharashtra Poisons Rules, 1972Rule 18B Maharashtra Poisons Rules, 1972Article 14 Constitution of IndiaArticle 19(1)(g) Constitution of IndiaArticle 19(6) Constitution of India

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Also decided in this judgment
Must a restriction on a fundamental right pursue a legitimate aim, be suitable and necessary, and be balanced against the individual's right?Is hardship caused to a section of society by itself ground to strike down a legislation that is otherwise fair and reasonable?Is a rule mandating denaturants for methanol proportionate where less restrictive alternatives exist and the industries' burden is met only by a possible benefit?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections