Right to Trade | Not Processing Applications In Time Is An Unwritten Ban: Supreme Court Directs Tamil Nadu To Regulate Purse Seine Fishing

"Not processing the applications in time, virtually amounts to imposing an unwritten ban, which is impermissible in law." Supreme Court, in a significant ruling dated September 02, 2026, held that while the State has the authority to regulate fishing in territorial waters, it cannot indirectly impose a ban on fishing in the Exclusive Economic Zone (EEZ) by failing to process permit applications in a timely manner.

A bench of Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe observed that the rights of stakeholders to pursue their livelihood are protected under Article 19(1)(g) of the Constitution of India, subject to reasonable regulations.

Cooperative federalism essential for marine governance

The dispute arose from a challenge to the Tamil Nadu Marine Fishing Regulation Act, 1983, and subsequent government orders prohibiting the use of purse seine nets within the State's territorial waters. Fishermen challenged these restrictions, arguing that they prevented access to the EEZ, which lies beyond the jurisdiction of the State. The matter reached the Supreme Court after the Madras High Court dismissed a writ petition challenging the state's restrictive measures.

Clear division of legislative competence

The court was tasked with determining the extent of state power over fishing gear versus the right of fishermen to access the EEZ. Specifically, it had to decide if the state's regulation of fishing gear could effectively curtail access to areas governed by the Union. The court also examined the interim recommendations of an Expert Committee appointed to study the impact of purse seine fishing on marine stocks.

States and Union have autonomous regulatory provinces

The bench emphasized that there is no conflict between the Sustainable Harnessing of Fisheries in the Exclusive Economic Zone Rules, 2025, notified by the Union, and the Marine Fishing Regulation Rules, 2020, enacted by the State of Tamil Nadu. The court observed that the power to regulate fishing beyond territorial waters falls under Entry 57 of List I, whereas regulating fisheries in territorial waters is a state subject under Entry 21 of List II.

Powers are co-equal and autonomous in their spheres

The judges invoked the principle of cooperative federalism, stating that the Union and the State are duty-bound to ensure stakeholders have efficient clearance for their activities. The court noted that administrative inaction acts as a de facto prohibition. It criticized the low number of access passes issued by Tamil Nadu compared to other coastal states, describing the pending status of 226 out of 257 applications as a "disturbing" failure of coordination.

> "The States under our Constitution are in no way dependent upon the Centre for their legislative or executive authority. The Centre and the States are co-equal in this matter."

Court mandates systemic improvements for fishermen

The court directed the State Government to immediately designate a specified channel under Rules 15(5) and (6) of the Marine Fishing Regulation Rules, 2020, to allow the transit of vessels from territorial waters to the EEZ. These regulations are to be drafted in light of the Expert Committee's final report, which suggests that a blanket ban on purse seine fishing is not justified if effective, science-based regulations are implemented.

Operational compliance required for purse seine permits

The final order mandates that the rights and liabilities of all parties will now be governed by the EEZ Rules, 2025, and the state-specific rules. The court emphasized that the state must ensure the timely clearance of applications to avoid legal challenges based on the infringement of fundamental rights. The registry of purse seine vessels and the implementation of a Vessel Monitoring System are to be handled with administrative urgency.

The Supreme Court has effectively balanced environmental conservation with the economic rights of fishermen. By upholding the state's right to regulate its own waters while simultaneously striking down administrative inaction that stifles access to the EEZ, the judgment establishes a clear framework for the future of maritime fishing regulation in India.

Date of Decision: 02 September 2026