Viraj Impex Pvt. Ltd. Vs Union of India & Anr. (Supreme Court of India)
Unpublished Notification Has No Legal Force: Supreme Court Holds MIP Applicable Only from Gazette Publication Date
The Supreme Court held that a notification issued under Section 3 of the Foreign Trade (Development and Regulation) Act, 1992 acquires legal force only upon its publication in the Official Gazette, and not from the date it is uploaded on a government website. Interpreting Notification No. 38/2015-20 imposing Minimum Import Price (MIP) on steel, the Court ruled that the expression “date of this Notification” in para 2 must necessarily mean 11.02.2016, the date of Gazette publication, and not 05.02.2016 when it was merely uploaded online.
The Court emphasized that delegated legislation must be published in the statutorily prescribed manner to bind citizens, and unpublished executive instructions cannot impose trade restrictions. It rejected the Delhi High Court’s view that website upload constituted sufficient notice. Since the appellants had opened irrevocable Letters of Credit prior to 11.02.2016 and complied with para 1.05(b) of the Foreign Trade Policy, they were held entitled to transitional protection, and the MIP could not be applied to their imports. Accordingly, the Supreme Court set aside the High Court judgment and allowed the appeals.
FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER
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