Case Note & Summary
The Supreme Court addressed the rights of street vendors in urban areas, emphasizing their importance in providing affordable goods to the urban poor. The court noted the significant increase in street vendors over the past four decades due to population growth and lack of employment opportunities. It highlighted the dignity of street vendors, who often face harassment from local authorities. The court reviewed previous judgments affirming the right to trade under Article 19(1)(g) of the Constitution, while also recognizing the need for reasonable restrictions to ensure public convenience. The court directed the implementation of the National Policy on Urban Street Vendors, 2009, mandating the establishment of Town Vending Committees to regulate street vending activities. It lifted the embargo on High Courts entertaining grievances related to street vending, allowing affected parties to seek redressal. The court emphasized the need for a legal framework to protect the rights of street vendors while balancing the rights of the public to use public spaces without obstruction. The decision aimed to provide a structured approach to street vending, ensuring that vendors can operate legally and without fear of harassment, while also maintaining public order and safety.
Headnote
A) Constitutional Law - Fundamental Rights - Right to Trade - Article 19(1)(g) of the Constitution of India - The court recognized the right of street vendors to conduct business on public streets, subject to reasonable restrictions for public convenience and safety. It emphasized the need for proper regulation to balance the rights of vendors and the public interest. Held that the right to trade is fundamental but must be regulated to prevent chaos (Paras 6-7). B) Urban Development - Regulation of Street Vending - National Policy on Urban Street Vendors, 2009 - The court directed the implementation of the National Policy to provide a legal framework for street vending, ensuring that vendors can operate without harassment while maintaining public order. It mandated the establishment of Town Vending Committees for effective regulation (Paras 10-11). C) Administrative Law - Role of Municipal Authorities - The court highlighted the responsibility of municipal authorities to create designated vending zones and regulate street vending activities to prevent obstruction and ensure public safety. It ordered that the existing schemes must comply with the new regulations (Paras 12-14).
Issue of Consideration
Whether street vendors have a right to conduct business on public streets and the extent of regulation permissible under the Constitution.
Final Decision
The Supreme Court directed the implementation of the National Policy on Urban Street Vendors, 2009, and established the framework for regulating street vending activities. It lifted the embargo on High Courts to entertain grievances related to street vending, allowing affected parties to seek redressal. The court emphasized the need for a legal framework to protect the rights of street vendors while ensuring public order and safety.
Law Points
- fundamental rights
- street vending
- reasonable restrictions
- public interest
- urban regulation
