Case Law Analysis
|Gujarat High Court
Explosives Act Section 5 | State Cannot Impose Additional Licensing Conditions Beyond Central Rules : Gujarat HC Strikes Down Ultra Vires SOP
Gujarat High Court rules that District Collectors lack authority to impose extra licensing conditions for fireworks manufacturing beyond those prescribed in the Explosives Rules, 2008. The court quashed the state government's Standard Operating Procedure (SOP) dated 21.08.2025 as ultra vires Section 5 of the Explosives Act, reinforcing that rule-making power rests solely with the Central Government. The judgment directs fresh disposal of pending applications within six weeks, setting a precedent against administrative overreach in licensing matters.