Genetically Modified Mustard: Supreme Court Delivers Split Verdict and Places the Matter before CJI to Constitute Larger Bench to Hear it Afresh

Today, the two-judge bench of the Supreme Court (SC) delivered a split verdict on petitions against the approval given by the Genetic Engineering Appraisal Committee (GEAC) and the Union Government to release Genetically Modified Mustard (GM Mustard) into the environment. Two separate verdicts were delivered by Justice Sanjay Karol and Justice BV Nagarathna. The bench directed the registry to place the matter before the Chief Justice of India (CJI) to constitute a larger bench to hear the matter afresh. 

Justice BV Nagarathna quashed the approval given by the GEAC and the Ministry of Environment and Forests. In her judgment, she held that the approval given by the GEAC regarding the environmental release of GM Mustard (the first transgenic food crop, transgenic mustard hybrid DMH-11) is vitiated and contrary to the principle of public interest. She added that the GEAC approved the sale of GM Mustard without relying on any indigenous studies on its effect and possible environmental ramifications. Justice Nagarathna remarked, “Only foreign research studies available globally have been used to make recommendations. When the applicability is on India, research studies conducted indigenously must have been taken note of but nothing has been relied upon. In view of this, I say that approval of 18/10 and 25/10 is vitiated and expert committee report of 2022 is not binding.”

On the contrary, Justice Sanjay Karol upheld the approval given by the GEAC and said, “The composition of the GEAC is in accordance with rules and therefore constitutional challenge will fail. The approval granted by GEAC is by an expert body and therefore, challenge to such approval cannot be allowed. It will fail.” He added, “On an independent analysis, I do not find any aspect of manifest arbitrariness in the effect of GEAC granted approval. All the aspects of monitoring regulations, approval all exist. In none of the rules governing GEAC and its composition, (do I find) anything manifestly arbitrary. On the composition of GEAC, I find that constitution of this committee ensures that bureaucrats and their views do not overpower anything.” However, Justice Karol issued directions to the Union Government for strict monitoring. 

Furthermore, there are certain aspects on which the judges agree. One is “Judicial review into the decision making of all bodies concerned with GMOs (Genetically Modified Organisms), is possible.” Another one is that the Union Government should consider the implementation of a National Policy in consultation with all stakeholders for a seamless approach to GM crops. The provisions of the FSSAI (Food Safety and Standards Authority of India) Act should be enforced in the matter of importing GM food.