TIOL-DDT 2669 · Monday, 24 August 2015 · story 3 of 6

Ban on import of palm oil through the ports of Kerala upheld:

Government had by a notification in 2007, banned the import of palm oil through the ports of Kerala. This was to protect the interest of the coconut farmers in the State. Even though coconut oil and palm kernel oil are not perfect or close substitutes, many consumers tend to substitute these oils in their use as edible oils.

The Supreme Court noted that the Government had two alternatives before it, either to increase the custom duty i.e. duty on the import of crude oil or to issue impugned Notification. Enhancing the import duty would have all India ramification, whereas the problem was Kerala specific. Therefore, instant step was taken. When a particular decision is taken in the interest of the said farmers which are marginalized section of the society, more so for their survival, this policy decision of the Central Government provides a complete rationale in support of the decision.

The Supreme Court had in another case observed, Wisdom and advisability of economic policies are ordinarily not amenable to judicial review unless it can be demonstrated that the policy is contrary to any statutory provision or the Constitution. In other words, it is not for the courts to consider relative merits of different economic policies and consider whether a wiser or better one can be evolved. For testing the correctness of a policy, the appropriate forum is Parliament and not the courts.

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