Power of Central Government to impose quantitative restrictions ...

Central Government Can Impose Import Restrictions on Peas Under FTDR Act Section 3(2), Despite Section 9A Constraints.

August 28, 2020

Case Laws Customs SC

Power of Central Government to impose quantitative restrictions - Import of Peas - Powers u/s 3 versus u/s 9A of the FTDR Act - Notwithstanding Section 9A, the Central Government continues and has authority to impose quantitative restrictions by an order under Section 3(2) of the FTDR Act. Principle of Lex specialis derogat legi generali, therefore, is not applicable to the case in hand - Section 9A has to be interpreted as an escape provision when the Central Government i.e. the Union of India may escape the rigours of paragraph (1) of Article XIX of GATT-1994. Section 9A is not a provision which incorporates or transposes paragraph (1) of Article XI into the domestic law either expressly or by necessary implication. - SC

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Power of Central Government to impose quantitative restrictions ...

Central Government Can Impose Import Restrictions on Peas Under FTDR Act Section 3(2), Despite Section 9A Constraints.

August 28, 2020

Case Laws Customs SC

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