Congress targets Modi govt over Maharashtra’s HC move against food safety rules

The Congress on Monday criticised the Narendra Modi-led government after the Maharashtra government approached the Bombay High Court challenging several food safety regulations, with party general secretary Jairam Ramesh questioning whether chief minister Devendra Fadnavis was sending a message to the Centre.

In a statement posted on X, Ramesh pointed out that the National Democratic Alliance (NDA)-ruled Maharashtra government had challenged the Food Safety and Standards Authority of India (FSSAI), alleging that its actions violated the Constitution by encroaching on the state’s powers.

“The CM of Maharashtra seems to have suddenly woken up to such an outrage that has been the hallmark of the Modi Govt,” Ramesh said.

He accused chief ministers of NDA-ruled states of remaining silent when opposition-ruled states raised concerns over what they described as the Centre’s interference in their powers.

 

 

Ramesh cited the Mines and Minerals (Development and Regulation) Amendment Act, 2026, and the National Co-operative Development Corporation (Amendment) Act, 2026, as recent examples of legislation that, according to him, had curtailed the powers of states.

He also alleged that NDA-ruled states had not objected when the powers of state governments and panchayats under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) were weakened through the VB-G RAM G legislation.

Questioning the timing of Maharashtra’s legal challenge, Ramesh asked whether Fadnavis was sending a “subtle message” to the political establishment in New Delhi.

The Congress leader’s remarks came days after the Maharashtra government moved the Bombay High Court against several food safety regulations, arguing that the FSSAI had created a parallel enforcement mechanism that encroached on the state’s statutory authority.

The petition, filed through the State Commissioner of Food Safety, contends that the Food Safety and Standards Act, 2006, was designed to establish a decentralised regulatory framework in which state authorities would oversee enforcement.

According to the plea, the Act originally assigned enforcement responsibilities to the State Commissioner of Food Safety and designated officers. However, subsequent amendments and regulations introduced by the Centre and the FSSAI allegedly weakened this arrangement.

The petition argues that these changes have progressively shifted enforcement powers away from state authorities, undermining the decentralised structure envisaged under the legislation.

The Maharashtra government has also questioned the legality of the FSSAI chief executive officer’s decision to create positions such as Central Food Safety Officer and Central Licensing Authority.

According to the petition, these posts are not envisaged under the statutory framework of the Food Safety and Standards Act, 2006, and their creation amounts to an unlawful exercise of authority.

The state government has asked the high court to quash the amendments and regulations it considers unconstitutional. It has also sought a stay on a May 2023 order that restricted state officials from inspecting centrally licensed establishments.

The court’s consideration of the petition will determine how the disputed regulatory provisions and enforcement powers are addressed. The legal challenge has also triggered a political exchange, with the Congress using Maharashtra’s move to question the Centre’s approach to federalism and the distribution of powers between the Union and state governments.

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