...Constitution.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. The 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...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...every citizen under 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...

...country. In terms of Article 19(6) of the Constitution, reasonable restriction can always be put on the exercise of right under Article 19(1)(g).”47...practise under Article 19(1)(g) of the Constitution is not absolute and thus subject to reasonable restrictions as provided under Article 19(6) of the Constitution.(X) Restriction on...any kind of medical practice. The legislature has power to put reasonable restrictions on the right to practise under Article 19(1)(g) of the Constitution by virtue of clause (6) of the said...

...object in view and it did not impose any reasonable restriction under Article 19(6) of the Constitution. Reasonable restriction connotes that there is a limitation imposed in enjoyment of the...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 necessary to...vires Articles 19 and 14 but a reasonable restriction under Article 19(6).44. In Municipal Corpn. of the City of Ahmedabad v. Jan Mohd. Usmanbhai...

...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.... Union of India (1981) 4 SCC 554 : 1981 SCC (Cri) 866, relied on Constitution of India — Article 19(5) and (6) — Reasonable restrictions — Meaning of — Tests for determination of, restated Held : The expression “reasonable restriction” signifies...Articles (Licensing and Control) Order, 1980, fixing the maximum limit of wheat to be possessed by a 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...

...citizen to carry on business. Article 19(1)(g) declares that right and Article 19(6) prescribes 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 restriction under...“restriction” was intended to bear in Articles 19(5) and (6). That this is not 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...Article 19(6). But can imposition of a tax be properly said to be a restriction on...

...point. He urged 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(6) because...secure this purpose 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...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...

...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 public interest as contemplated by Article...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.... It was also submitted that there was an infringement of the fundamental right guaranteed by Article 19(1)(g) of the Constitution.3. The Notification banning a dealer...

...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 interest under Article 19(6) of...Fundamental Rights guaranteed under Article 19 of the Constitution must not be arbitrary, unbridled, uncanalised and excessive and also not unreasonably discriminatory. Ex hypothesi, therefore, a restriction to be reasonable must also be consistent with Article 14 of the Constitution.(j) In judging the reasonableness of the restriction imposed by clause (6) of...envisaged in Article 19 is being effectuated by the restriction imposed on the Fundamental Rights.(g) Although Article 19 guarantees all the seven...

...framed by this Court and thereafter followed by the Governments was one that cannot be called a reasonable restriction under Article 19(6) of the Constitution. Normally, the reason for...be made in pursuance of powers to be exercised 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 19(1)(g). It is submitted that Article 19(6) provides for a reasonable restriction on...15(5) does not seek to negate or abrogate Article 19(1)(g). If by an enactment Article 19(1)(g) can completely be affected qua a trade or business by creation of a State monopoly as envisaged under Article 19(6) seeking to impose a reasonable restriction. Similarly...

...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 held that clause 25...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 disposed...

... "reasonable restriction" as used in article 19(6) of the Constitution might, in certain circumstances, include total prohibition. It may be mentioned here that the Excise Regulation is not a prohibitory...securing "that the citizens, men and women equally, have the right to an adequate means of livelihood." 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 amendment does not make the establishment of such monopoly a reasonable restriction within...Legislature of the fundamental right can be justified 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...

...association. The effect of merger is regulating the business activity of the society and not the 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 clause (6) of Article 19. The...legislation comes within the permissible limits of the most relevant out of clauses (2) to (6) of Article 19 of the Constitution, and that the restriction is reasonable. The Constitutional...shifting process to be consciously observed by the Court called upon to decide the constitutional validity 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, and (iii) whether the restriction is reasonable or...

...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 interest of general public...this 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...order made under Section 7(iv) of the Act is bad for it is an unreasonable and excessive restriction on the fundamental right to carry on trade or business guaranteed under Article 19(1)(g...

...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 interest of general public. What should be considered a reasonable restriction within...conclusion that such prohibition extended to the trade of eggs in the municipal town of Rishikesh is a reasonable 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 the meaning of clause (6) of Article 19 depends...Article 19(1)(g) and the social control permitted under clause (6) of Article 19: (AIR p. 119, para 7)“The word ‘reasonable’ implies intelligent care and deliberation...

...ground that such 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-sections (1) and (6) of...375 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 therefore fail and are hereby dismissed with costs; there will be one set of hearing costs only....petitions have been opposed by 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...

...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 allowed to cast any shade or eclipse on the simple nature of the right as noticed above.21. We now proceed to examine whether the restriction imposed under the impugned law are reasonable within the meaning of Article 19(6). This...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 interest of ancillary industry cannot be...destruction or 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...

...being a general presumption in favour of the constitutionality of a legislation under challenge in case of allegations of violation of the right to freedom guaranteed by clause (1) of Article 19 of the Constitution, on a prima facie case of such violation being made out, the onus shifts upon the State to show that the legislation comes within the permissible restrictions set out in clauses (2) to (6) of Article 19 and that the particular restriction is reasonable. It...professions. However, this is not an absolute right and is subject to reasonable restrictions under Article 19(6). It cannot be gainsaid that litigants are also members of general public and if in their interest, any rule imposes a restriction on the entry to the legal profession and if such restriction is founded to be reasonable, Article....(b) Each restriction must be reasonable.(c) A restriction must be related to the purpose mentioned in Article 19(2...