India: Supreme Court admits IOC Petrol Pricing Petition

Indian Oil Corporation (IOC) has raised the issue before the apex court, which has admitted and tagged the petition with a similar matter pending before it.  Oil India Ltd has challenged a Guwahati High Court ruling that upheld the arbitral tribunal's judgment which held that notifications governing prices of petroleum products have a force of law. Citing the apex court's decision, OIL said that the executive instructions of the Centre cannot be construed as law as defined by Article 13 of the Constitution of India.

According to the oil company, the Assam Trade Articles (Licensing & Control) Order does not fix price of the petroleum products and the same is fixed by the ministry of petroleum vide executive instructions which cannot be construed as law.  “The expression having force of law in Article 13 of the Constitution applies only to customs and usages and not to notifications. If a notification cannot be construed as law then it is a mere executive instruction or order and the definition of law can not be stretched to include within its ambit such executive instruction,” it said in its petition.

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