Plastics ban row: Central govt agencies impleaded

A division bench comprising Justice MM Sundresh and Justice Krishnan Ramaswamy, which heard arguments that the state government cannot issue such a ban order when the field is occupied by rules made by the central government vis a vis the Plastic Waste management rules, said, “We are of the view that the presence of the central government is very much required especially on an interpretation of Section 3 and Section 5 of the Environment (Protection) Act 1986 along with respective rules governing use of plastics.” The bench then posted the matter for further hearing to February 5.

The present writ petitions filed by Plastic Manufacturers Association challenges the GO Ms No 84 Environment and Forest (EC 2) Department dated June 25, and thereby the total ban imposed by Secretary, Environmental and Forest Department of State of Tamil Nadu on manufacture, storage, supply, sale and use of throwaway plastics such as plastic sheets used for food wrapping, spreading on dining table, plastic plates, plastic coated tea cups and plastic tumblers, water pouches and packets, plastic straw, plastic carry bags and plastic flags irrespective of thickness.

The senior counsel appearing on behalf of the petitioner contended that the state government has no power under section 5 of the Environment Protection Act to issue a ban on Plastic Goods. He further argued that such power can only be exercised by the central government in exercise of power under section 3 and such power has not been delegated to the state.

“Environment subject is a matter falling under the residuary power of the Constitution and only Parliament has legislative competence. Consequently, the State can neither pass laws nor executive orders in this field and the ban is repugnant to the rules framed by the central government,” Wilson added.