Topic

Rule-Making Power

2 articlesLatest March 2026
Explosives Act Section 5 | State Cannot Impose Additional Licensing Conditions Beyond Central Rules : Gujarat HC Strikes Down Ultra Vires SOP
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.

Motor Vehicles Act | State Can Impose 15-Year Age Limit for Stage Carriage Permits Beyond Registration Life: MP HC
Case Law Analysis
|Madhya Pradesh High Court

Motor Vehicles Act | State Can Impose 15-Year Age Limit for Stage Carriage Permits Beyond Registration Life: MP HC

The Madhya Pradesh High Court upheld the state's authority to restrict stage carriage permits for vehicles older than 15 years, distinguishing permit conditions from registration life under the Motor Vehicles Act. This ruling reinforces state regulatory power over public safety and transport operations, impacting bus operators and permit-granting authorities.