CiteTEXT
...monopoly contracts in the present case were not in favour of the State Government. Article 19(6) of the Constitution provides a reasonable restriction on the fundamental rights of citizens as contained...in Article 19(1)(g). If the State obtained a monopoly it would be defensible as a reasonable restriction on the rights of citizens to carry on any business or trade and to ply buses. On the other....6. In 1951, there was amendment of the Constitution whereby Article 19(6) provided that the monopoly rights could be created in favour of the State in respect of any trade or business. T...
...that they have a right to practise in any part of the country. In terms of Article 19(6) of the Constitution, reasonable restriction can always be put on the exercise of right under Article ...right to practise under Article 19(1)(g) of the Constitution is not absolute. By virtue of the provisions of clause (6) to Article 19 reasonable restrictions can be imposed. The Court has a duty t....(IX) The right to practise under Article 19(1)(g) of the Constitution is not absolute and thus subject to reasonable restrictions as provided under Article ...
...manufacture of bidis themselves. Therefore, it was held that the Act has no reasonable relation to the object in view and it did not impose any reasonable restriction under Article 19(6) of the...unreasonable restriction not saved by Article 19(6). Far from helping appellants, the ratio indicates that if the Act strikes a reasonable balance between the exercise of the fundamental rights and...order. In that case, since the commodities were freely available in the market, it was held that the restriction was not a reasonable restriction under Article 19(6) of the Constitution. It is not...
...magnesium carbonate. It is permissible under Article 19(6) to impose a reasonable restriction “in the interest of general public”. Assuming that such a restriction can be imposed, even if by legis...to uphold the prohibition imposed by the impugned notification as a restriction which can pass the test of reasonableness under Article 19(6) of the Constitution of India for two reasons. Firstly...regard would drive home the point.49. While dealing with the nature of a reasonable restriction on the fundamental rights under Article 19(1)(g), this Court observed in...
...of Article 30(1) or a reasonable restriction within the meaning of Article 19(6) of the Constitution. Merely because the resources of the State in providing professional education are limited...:“35. It appears to us that the scheme framed by this Court and thereafter followed by the Governments was one that cannot be called a reasonable restriction under ...Article 19(1)(g). It is submitted that Article 19(6) provides for a reasonable restriction on the right available under 19(1)(g). But, considering the scheme of Article ...
..., particularly when it is not the case of the State Government that Rajnigandha Pan Masala itself contains magnesium carbonate. It is permissible under Article 19(6) to impose a reasonable restriction “in...the test of reasonableness under Article 19(6) of the Constitution of India for two reasons. Firstly, there is no demonstrated danger to the public health by magnesium...company having its head office at Assam.6. Learned Magistrate, who convicted the revisionists, opined in the judgment that such chemical (MgCo2.MgCo3 whatever) is injurious to health...
...such proposition. There the question was whether the Excise Regulation 1 of 1915 imposed a reasonable restriction within the meaning of Article 19(6) of the Constitution on the right given under ...19(1)(g) thereof to carry on the business in intoxicating liquors. This Court held that the said Regulation was a reasonable restriction within the meaning of Article 19(6) of the Constitution. Bu...restrictions on the exercise of the right conferred by the said sub-clause,...”11. A combined reading of clauses (1) and (6) of Article 19 makes it clear that a...
...of the appellants is that they have a right to practice in any part of the country. In terms of Article 19(6) of the Constitution, reasonable restriction can always be put...on the exercise of right under Article 19(g).”41. This Court further came to the conclusion that unless the person possesses the qualification as prescribed in Schedule II, III and IV of...) do not possess recognised medical qualification as defined in section 2(1)(h) of the Indian Medicine Council Act, 1970.6. The U.P Indian Medicine Board did...
...)(c) would constitute violation of Article 19(1)(g)? Would such a provision not be saved by the principle of reasonable restriction imposed in the interest of the general public in Article 19(...which arises for determination is — whether Section 12(1)(c) of the 2009 Act is a reasonable restriction on the non-minority's right to establish and administer an unaided educational institution under Article 19(...whether that restriction was a reasonable restriction under Article 19(6) was not in issue.48. Moreover, the controversy in T.M.A Pai Foundation (2002) 8 SCC 481 arose ...
...Article 19(6) of the Constitution of India reasonable restriction can be imposed by the State. Therefore, payment of fees for granting certificate of recognition and conditions for filing...
....On the other hand, it is submitted by Mr. Tapan Kr. Mukherhee, learned Additional Government Pleader, High Court, Calcutta that in accordance with the provisions of Article 19(6) of...the Constitution of India reasonable restriction can be imposed by the State. Therefore, payment of fees for granting certificate of recognition and conditions for filing application...
....On the other hand, it is submitted by Mr. Tapan Kr. Mukherhee, learned Additional Government Pleader, High Court, Calcutta that in accordance with the provisions of Article 19(6) of...the Constitution of India reasonable restriction can be imposed by the State. Therefore, payment of fees for granting certificate of recognition and conditions for filing application for...
...Article 19(6) of the Constitution of India reasonable restriction can be imposed by the State. Therefore, payment of fees for granting certificate of recognition and conditions for filing...
....On the other hand, it is submitted by Mr. Tapan Kr. Mukherhee, learned Additional Government Pleader, High Court, Calcutta that in accordance with the provisions of Article 19(6) of...the Constitution of India reasonable restriction can be imposed by the State. Therefore, payment of fees for granting certificate of recognition and conditions for filing application for...
...fundamental right under Article 19(1)(f) it can be justified under Article 19(5) of the Constitution as a reasonable restriction in the inter...the accused and that it will be competent for the State under Article 19(6) to impose a reasonable restriction on the said right of D.A.S Swami when he seeks to represent, plead and act for the...Section 4(1)(r) of the Cr PC, requiring the previ ous permission of the court is quite a reasonable restriction within the meaning of Article 19(6) of the...
...claim of the appellants is that they have a right to practise in any part of the country. In terms of Article 19(6) of the Constitution, reasonable restriction can always be put on the exercise of right...qualification by a statute, the restriction imposed as envisaged under second part of clause (6) of Article 19 of the Constitution of India must be construed being in consonance with the interest of the...general public. The tests laid down, in our opinion, stand satisfied. We may, however, notice that clause (6) of Article 19 of the Constitution of India stands on a higher footing vis-à-vis clause (5...
...Article 19(6) to impose a reasonable restriction “in the interest of general public”. Assuming that such a restriction can be imposed, even if by legislation intended to prohibit manufacture, sale...prohibit trades which are injurious to health and welfare of the public. A reasonable restriction as contemplated under Article 19(1)(g) read with clause (6) may require...impugned notification as a restriction which can pass the test of reasonableness under Article 19(6) of the Constitution of India for two reasons. Firstly, there is no...
...therefore, does not offend Article 14. The limitation imposed fixing a stock limit for a wholesale dealer at 250 quintals is a reasonable restriction within the meaning of Article 19(6) of the...Constitution of India — Article 19(5) and (6) — Reasonable restrictions — Meaning of — Tests for determination of, restated
Held :
The expression “reasonable restriction” signifies tha...dealer at any one time at 200 quintals, on the ground that it is a reasonable restriction by the State Government within the meaning of Article 19(6) of the Constitution. In view of these decisions...
...its limits. The two provisions together make up the whole of the fundamental right to carry on business. If a taxation law is within Article 19(1)(g) it must also be capable of being upheld as a reasonable ...the correct interpretation to be put on the word “restriction” will be clear when Article 19(6) is further examined. Under that provision, the question whether a restriction is reasonable or not i...can imposition of a tax be properly said to be a restriction on the carrying on of trade within Article 19(6)? It is only if that it so that the...
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It is contended on behalf of the respondents that these observations clearly indicate that the expression
"reasonable restriction" as used in article ...business; but the amendment does not make the establishment of such monopoly a reasonable restriction within the meaning of the first clause of article 19(6). The result of the amendment is that the State...under the provision of clause (6) of article 19 on the ground that it imposes reasonable restrictions on the exercise of the right in the interests of the general public...