The Constitutional and Administrative Framework of India With a Focus on Consumer Protection

Abstract

The aim of this paper is descriptive. Its main goal is to analyse the pure black-letter law mechanisms, at a constitutional level, of law making and enforcement in order to provide a summary but comprehensive overview and background of the legal context governing regulatory making and enforcement in the areas of food safety and general product safety. While reading this snapshot analysis, it must be kept in mind that, according to its Preface, the Constitution of India is a “living document” the flexibility of which lies in its amendments that are progressively integrated into the existing core. It is therefore a long and “incremental” Constitution, structured in 22 Parts, followed by a series of 12 Schedules laying down specific detailed provisions specifying the contents of numerous constitutional articles (and finally 2 Appendixes providing special dispositions regarding the State of Jammu and Kashmir). The paper is structured into four main parts, the first one dedicated to the general constitutional organization, in order to provide a background of the institutional architecture of India. Part two will serve as a complement to the first one by looking into the structure of the executive specifically, focusing especially on the enforcement powers, their multi-level dislocation and the means of coordination. Part three will subsequently tackle the complexities and distinctive features of the Indian judiciary. Based on the context provided by this threefold introduction, part four will finally take a summary look into the specificities of consumer safety, namely foodstuff regulation and product safety.