Case Note & Summary
The judgment addressed the ongoing issue of street hawking in Delhi, which has been a contentious topic since the 1960s. The case stemmed from various petitions concerning the rights of hawkers to operate in public spaces, particularly following earlier judgments like Pyare Lal vs. New Delhi Municipal Committee and Sodan Singh vs. New Delhi Municipal Committee. The Supreme Court highlighted that while hawkers have a fundamental right under Article 19(1)(g) of the Constitution to conduct business, this right is not absolute and is subject to reasonable restrictions as per Article 19(6). The court noted that municipal authorities have the power to regulate hawking to ensure public order and hygiene. The Thareja Committee was established to examine claims of hawkers and recommend regulations, which included eligibility criteria and the establishment of hawking zones. The court directed that the NDMC and MCD should frame schemes in line with the National Policy on Urban Street Vendors, 2004, to balance the rights of hawkers with the needs of pedestrians and urban management. The judgment emphasized the need for humane considerations in implementing these regulations, recognizing the socio-economic realities faced by many hawkers. Ultimately, the court upheld the necessity of regulations while affirming the fundamental rights of hawkers to earn a livelihood through street vending.
Headnote
A) Constitutional Law - Fundamental Rights - Right to Street Vending - Article 19(1)(g) - The Supreme Court recognized the fundamental right of hawkers to conduct business on public streets, subject to reasonable regulations by municipal authorities. The court emphasized that while hawking is a right, it must be balanced with public interest and urban management, allowing for reasonable restrictions under Article 19(6) (Paras 42-43).
Issue of Consideration
Whether hawkers have a fundamental right to carry on business on public streets and the extent of reasonable restrictions that can be imposed by municipal authorities.
Final Decision
The Supreme Court upheld the fundamental right of hawkers to conduct business on public streets, subject to reasonable regulations by municipal authorities. The court directed the NDMC and MCD to frame schemes in accordance with the National Policy on Urban Street Vendors, 2004, ensuring a balance between hawkers' rights and public interest.
Law Points
- Fundamental rights
- street vending
- reasonable restrictions
- municipal authority powers
- hawking regulations
