HC strikes down ban on notified hybrid paddy seeds, allows curbs on non-notified varieties

Indian Express

2 days ago

In a relief to Punjab farmers and seed dealers, the Punjab and Haryana High Court on Monday set aside the state government's blanket prohibition on hybrid paddy seeds, noting that 'the state lacked the power to ban notified varieties certified under the central law'.
Hearing three petitions, challenging the Punjab Agriculture Department's order issued on April 7, 2025, banning the cultivation of all hybrid and PUSA-44 varieties in that state, a single bench of Justice Kuldeep Tiwari, however, upheld the state's authority to restrict the use of non-notified hybrid seeds.
Justice Tiwari, at the same time, underlined that the state is well within its powers to act against non-notified hybrids. 'Seeds that are not notified under the Act of 1966 do not enjoy legal sanctity. Hence, their prohibition in Punjab is justified,' the order stated.
Clash of laws
In April, the Punjab government initially banned the cultivation of PUSA-44 and all hybrid paddy seeds through administrative orders, citing environmental concerns such as delayed maturity and excessive stubble residue, sparking a legal battle.
The state government argued that 'agriculture is a state subject and powers under the East Punjab Improved Seeds and Seedlings Act, 1949, allowed it to regulate seed use'.
The court, however, held that 'once Parliament enacted the Seeds Act, 1966, the 1949 law effectively lost relevance on overlapping matters. The 1966 Act governs the broader field and outlines the mechanism for seed regulation. Therefore, the state cannot issue conflicting directions against notified varieties'.
The Union government had also clarified that 'de-notification of a seed variety is possible only through the Central Seed Committee after giving the breeder or proponent a fair hearing'.
Farmers and the seed industry react
The ruling comes after weeks of uncertainty faced by Punjab's farmers when the sowing season is already over in the state. Farmers argued that hybrid seeds not only mature earlier but also save water and provide better returns than traditional Punjab Agricultural University (PAU) varieties.
'Hybrid seeds give us Rs 15,000 to Rs 16,000 more per acre and mature faster. We were in a fix because of the ban, but the court removed that confusion. Though the cultivation period this year has passed, it will be helpful next year,' said Jaspal Singh, a Patiala farmer who has been cultivating hybrid seeds for the past five years.
Welcoming the verdict, Federation of Seed Industry of India chairman Ajai Rana said, 'It restored the role of science in agriculture. The seed industry welcomes this progressive decision. Hybrid rice delivers 5-6 quintals higher yield per acre as compared to other varieties, has a shorter crop cycle, conserves up to 30 per cent water under Direct Seeded Rice practices and helps lower emissions, offering farmers a proven and sustainable pathway. All notified hybrids have undergone rigorous ICAR trials and meet national milling standards, including FCI's 67 per cent Out Turn Ratio. FSII member companies release hybrid rice as well as any new seed product after years of multi-location trials, screening for yield, biotics and abiotic stress tolerance, grain quality and milling standards.
'The recent episode, however, highlights how ad-hoc policy actions create confusion among farmers while depriving opportunity to plant high-yielding rice hybrids for higher income and disrupting the growth of the seed industry. Decisions must, therefore, be consultative and science-based to ensure confidence, stability and credibility. We remain committed to working with the Punjab government, central regulators and stakeholders to empower farmers with high-quality seeds and advanced biotech tools, while strengthening sustainability, groundwater conservation, and food security.'
While the court's decision clears the path for notified hybrids, it keeps intact the state's authority to block non-notified seeds. Agriculture experts say this means Punjab farmers will continue to have access to certified hybrids, but the state can still act against uncertified and unapproved varieties that do not meet national standards.