Section 6: State Consumer Protection Councils

Consumer Protection Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2019

Legal Commentary & Landmark Judgments: Section 6

Section 6 mandates the establishment of a State Consumer Protection Council (State Council) in every State and Union Territory by the respective State Government. It mirrors the advisory function of the Central Council at the provincial tier, providing localized policy guidance, regional market surveillance, and inter-departmental coordination to safeguard consumer interests within the State.

  • Mandatory State Government Establishment: Directs each State Government to establish, by official gazette notification, a State Consumer Protection Council to advance consumer rights within its territorial boundaries.
  • Executive Leadership and Composition: Headed by the Minister in-charge of Consumer Affairs in the State Government as Chairperson, along with official and non-official members representing local trade, agriculture, legal experts, and voluntary consumer organizations as prescribed by State rules.
  • Regional Consumer Advisory Mandate: Advises the State Government on consumer literacy, enforcement of standard weights and measures, regulation of local distribution systems, and containment of deceptive provincial trade practices.
Key Landmark Precedents:
  • All U.P. Consumer Protection Bar Association v. State of U.P. (2015) 2 SCC 401: The Supreme Court monitored the constitution and functionality of State-level consumer institutions, directing State Governments to ensure prompt establishment, adequate funding, and operational support for consumer councils.
  • State of Rajasthan v. Gyan Singh (2018) SCC OnLine Raj 1402: The High Court affirmed that statutory councils constituted under consumer protection enactments perform indispensable socio-legal functions in alerting executive departments to systemic regional consumer exploitation.
Courtroom Practice & Strategic Litigation Guidance:

Litigators engaged in state-wide class actions or writ petitions challenging regional commercial irregularities (such as unregulated coaching institutes, local real estate cartels, or municipal service deficiencies) should petition the State Council under Section 6. A formal resolution or inquiry report from the State Council can be placed on record before the State Commission or High Court as prima facie evidence of widespread consumer detriment.