LegalAware
LegalAware.ai
EMPOWERING LEGAL AWARENESS

Federation of Medical and Sales Representatives Associations of India & Ors. v. Union of India & Ors.

Writ Petition (Civil) · 2026 INSC 1097Decided 8 Oct 2026
Writ Petition (Civil) No. 323 of 2021
Justice Vikram Nath · Justice Sandeep Mehta

Background

This is an interim order, not a final judgment. A writ petition filed in 2021 asks that the 2015 Uniform Code for Pharmaceutical Marketing Practices be given statutory force, or that the Court lay down guidelines to curb unethical drug-marketing practices by pharmaceutical companies.

Decision Breakdown

This is an interim order, not a final judgment. The Court recorded the Union of India's proposal to set up a fresh three-member Committee to examine the issue and recommend a regulatory or statutory framework. It directed the Union to constitute the Committee within two weeks, directed the Committee to consult the petitioners, intervenors and other stakeholders and report within two months of its first meeting, and asked the Union to file a compliance affidavit. Citing the separation of powers, the Court declined to decide for itself whether the Code should become law, and listed the matter on 29 January 2027.

Lesson Learnt

There is no final ruling yet on whether pharmaceutical companies will face an enforceable code for their marketing practices. The question is now with a government committee, and the Court will review progress in early 2027.

Official source (sci.gov.in)View Judgment (PDF)

More rulings in Constitutional Law

Constitutional LawDelhi High Court

Sirajuddin Qureshi & Ors. vs. Union of India & Ors.

The Court held that a bank's fear that the petitioners might flee, or its unresolved financial claim, cannot by itself justify keeping an LOC alive indefinitely, especially where the petitioners' bail conditions impose no travel curbs and their track record shows no misuse. It quashed the LOCs issued at the banks' instance, while leaving the LOCs issued at CBI's instance to be addressed through an application before the trial court (since those criminal proceedings are still pending there).

Decided 7 Oct 2026Read case
Constitutional LawDelhi High Court

Lawyers Voice vs. Union of India & Ors. and connected matters

The Court dismissed the entire batch, holding that no exceptional circumstance justified registering further FIRs, setting up an independent investigative mechanism, ordering wholesale further investigation into police conduct, issuing blanket evidence-preservation directions, or granting further compensation or rehabilitation directions. It noted that more than six years had passed since the riots, that compensation had largely been disbursed, and that statutory remedies remained available to victims. The Court made clear this was without prejudice to any individual's right to pursue remedies in law, and dismissed the petitions with no order as to costs.

Decided 5 Oct 2026Read case
Constitutional LawDelhi High Court

Shayaan Mujeeb vs. State & Ors. and connected matters

The Court dismissed the entire batch of petitions after finding that the allegations about the December 2019 events had already been examined by a competent statutory body and were being investigated under the ordinary criminal law, with related proceedings pending before competent courts. The Court held there was no ground for an independent inquiry mechanism, transfer of investigation, registration of new criminal cases, award of compensation, fresh guidelines, or further consequential directions. It also held that Article 226 of the Constitution is meant for enforcing enforceable legal rights, not for open-ended directions. The petitions were dismissed with no order as to costs, and any individual may still pursue remedies available in law.

Decided 5 Oct 2026Read case
Constitutional LawDelhi High Court

Pushpendra Singh Parmar vs. President/Vice President/General Secretary, ICSI

The Court held that the dispute was, at its core, a personal grievance between the petitioner and a private company (UC Web Mobile Pvt. Ltd.), not a matter properly brought before the Court under Article 226's extraordinary writ jurisdiction. It held that Article 226 is not meant to be a forum for airing personal disputes or pursuing a private adversary merely because a representation went unanswered. The petition was dismissed, with liberty given to the petitioner to pursue appropriate legal remedies directly against the company.

Decided 29 Sept 2026Read case
Constitutional LawDelhi High Court

Glenmark Pharmaceuticals Limited & Anr. vs. Union of India & Ors.

Relying on its own 2025 ruling on a near-identical earlier notification concerning the same drug combination, the Court held that since the notification used the word "shall" without any express provision for retrospective effect, and took effect only upon Gazette publication, it operates prospectively from 18.08.2026 and cannot be applied to stock manufactured earlier. The Court disposed of the petition on terms: Glenmark must label all stock made after 18.08.2026, publish clear public notices in one English and one Hindi national newspaper and issue advisories to doctors, chemists and retailers within two weeks, and file an affidavit detailing pre-notification stock within four weeks, subject to which no coercive recall action under Section 28B would be taken against it.

Decided 18 Sept 2026Read case
Constitutional LawSupreme Court of India

M/s. Balaji Formalin Pvt. Ltd. & Anr. v. Union of India & Anr.

The Court held that subordinate legislation must meet the same constitutional tests as primary legislation, including proportionality: a legitimate aim, suitability of the measure to achieve it, absence of a less restrictive alternative, and proportionate burden versus benefit. Applying this test, it found that mandatory denaturing of methanol sold to non-drug manufacturers did nothing to stop diversion of methanol into illicit liquor (since the tragedy arose from pilferage/diversion, not lawful industrial sales), that existing safeguards in the Poisons Rules (licensing, stock registers, inspections) if properly enforced were a less restrictive alternative, and that the substantial, continuing commercial burden on industry (loss of yield, equipment damage, health hazards from improper evaporation) was disproportionate to a merely speculative benefit, especially since the State could not show what it had done between 1991 and 2011, and the rules had already been stayed for about 14 years. The Court therefore struck down Rules 18A and 18B as violative of Articles 14 and 19(1)(g), while also making broader observations (citing repeated hooch tragedies even in "dry" states like Gujarat) that blanket restrictive/prohibition-style measures often fail and that better enforcement of existing transport/storage safeguards is the real solution.

Decided 18 Sept 2026Read case