CiteTEXT
...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...
....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...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...Article 19(1)(g) of the Constitution has the right of freedom of trade including the right to ply buses and trucks on the road. Under Article 13 the law has to be in consonance with the Constitution...
...)(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(...(2005) 6 SCC 537, it has been held that right to establish and administer an educational institution falls under Article 19(1)(g) of the Constitution. Thus, th...?35. At the outset, it may be noted that Article 19(6) is a saving and enabling provision in the Constitution as it empowers Parliament to make a law imposing reasonable ...
...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 ....(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 ...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...
...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...
...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...
...(1)(g) and Article 19(6) form parts of one law which has for its object the definition of the fundamental right of a citizen to carry on business. Article 19(1)(g) declares that right and Article ...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...19(6). But 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...
...the State of Rajasthan. The restriction on the export of wheat from Rajasthan is clearly a reasonable restriction within the meaning of Article 19(6) of the Constitution and is required in the pub...dealer at any one time is clearly designed to prevent hoarding of foodgrains and is certainly a reasonable restriction within the meaning of Article 19(6) of the Constitution. It is authorised by clause...was not authorised by the terms of the Essential Commodities Act. It was also submitted that there was an infringement of the fundamental right guaranteed by Article 19(1)(g) of the Constitution...
...their trade and business guaranteed under Article 19(1)(g) of the Constitution. Elaborating this contention it was urged that though it is open to the Government to impose reasonable restriction in the public inter...jurisprudence of remedies.(i) Restriction imposed on the Fundamental Rights guaranteed under Article 19 of the Constitution must not be arbitrary, unbridled, uncanalised and ex....(g) Although Article 19 guarantees all the seven freedoms to the citizen, such guarantee does not confer any absolute or unconditional right but is subject to reasonable ...
...that the provision violated the 44 346 appellant's right to carry on his trade or business guaranteed by Article 19(1)(g) and that the restriction imposed was not reasonable within Article 19(...would, in our opinion, be clearly saved by Article 19(6).6. Apart from this, the constitutionality of the impugned provision might be sustained on another ground also...family, and that to hold that Section 7(1) of the Act would apply to his shop would be unconstitutional as violative of the fundamental rights guaranteed by Articles 14, 19(1)(f) and (g) of the...
...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 15(5) would not be those which would abridge the fundamental rights guaranteed under Article 19(1)(g) but ones which would completely destroy and abrogate the fundamental rights guaranteed under Article ...
...respondents to carry on business under article 19 (1)(g) of the Constitution, that the restriction is not reasonable and is not saved by clause (6) of article 19. The High Court further h...the Control Order was void under articles 14, 19 (1) (g) and 31 (2) of the Constitution. The High Court held that clause 25 was void inasmuch as it is a restriction upon the fundamental right of the...portion of clause 25 is void under article 19 (1) (g).
The last portion of clause 25 to the effect that such stocks shall also be liable to be requisitioned or...
...."
It is contended on behalf of the respondents that these observations clearly indicate that the expression
"reasonable restriction" as used in article ...."
The new clause in article 19(6) has no doubt been introduced with a view to provide that a State can create a monopoly in its own favour in respect of any trade or business; but the amendm...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...
...Article 30 and to unaided non-minority institutions under Article 19(1)(g). It is submitted that taking over the right to regulate admission and fee structure of unaided professional institutions is not a “...structure that does not permit charging of capitation fee. Interpreting provisions of Article 19(6) and Article 30 it is contended that constitutional limitation necessarily would vary in imposing ..., direction to make selection based on CET does not in any manner adversely affect the character of the minority institution. The State regulation providing for CET is a reasonable restriction and it will pass the test of ...
...right of the members to form an association. The merger or liquidation is a reasonable restriction imposed on the business activity of the cooperative society by regulating its trade or business activity which would be protected by ...of a legislation by reference to Article 19 of the Constitution. The questions: (i) whether the right claimed is a fundamental right, (ii) whether the restriction is one contemplated by any of clauses (2) to (6) of...Article 19(1); and the second test is to ask for the answer to the question, whether the restriction sought to be imposed on the fundamental right, falls within clauses (2) to (6) respectively qua sub...
...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...
...as fundamental and guaranteed under Article 19(1)(g) of the Constitution. This right can be restricted under Article 19(6) only by law and on such reasonable grounds which are found to be in the i...restriction and has been imposed in the interest of general public.31. Whether a particular restriction on trade to the extent of its complete prohibition can be held to be “reasonable” within th...of the judicial function”.33. The term “reasonable restriction” as used in Article 19(6) is a highly flexible and relative term which draws its colour from the context. One...
...cancellation was not a reasonable restriction on the fundamental rights of the petitioners to carry on business under Article 19(1)(g) of the Constitution. The petitioners therefore pray for a declaration that sub-...applies fully to the present case and the provision contained in sub-section (6) of Section 4 is a reasonable restriction within the meaning of Article 19(6) of the Constitution. The petitions the...respondents and their case is that the provisions in question are reasonable restrictions on the right guaranteed under Article 19(1)(g) and are therefore perfectly valid and constitutional. The...
...Article 19(1)(g) of the Constitution. In one sense the right does appertain to property. But such a faint overlapping of the right to property engrafted in Article 19(1)(f) or Article 31 must not be allowe...reasonable classification for saving the law from violation of Article 14 but certainly it does not make the restriction reasonable within the meaning of Article 19(6). Similarly the inte...negation of that right. The restriction imposed is manifestly beyond the permissible bounds of clause (6) of Article 19 of the Constitution. The proposition canvassed for our consideration was sometimes...
...prohibition of trade in ivory. Such a complete prohibition is a reasonable restriction within the meaning of clause (6) of Article 19 of the Constitution of India. The impugned Act being not...-vis restrictions imposed in terms of clause (6) of Article 19 of the Constitution of India has come to the conclusion that the provisions of the amending Acts satisfy even the strict scrutiny test. In...therein for the purpose of judging the constitutionality of the statutory provisions in the light of Article 19 of the Constitution of India. The impugned Acts fulfil the said criteria...