Case Note & Summary
The dispute arose from a notification issued by the State Government of Madhya Pradesh under the M.P. Grazing Rates Rules, 1979, which imposed higher grazing charges on cattle belonging to owners from other States, referred to as 'foreign cattle'. The petitioners, who were nomadic graziers from Gujarat and Rajasthan, challenged this notification under Article 32 of the Constitution, claiming it violated their fundamental rights under Articles 14 and 19, as well as Article 301. The State argued that the rules were necessary to regulate the influx of cattle and protect forest wealth. The court analyzed the provisions and found no rational basis for the discrimination against 'foreign cattle', noting that the same potential for damage existed regardless of the cattle's origin. The court upheld the right of all citizens to traverse the territory of India freely, subject only to reasonable restrictions. It found the 45-day limit for transit unjustified and quashed the higher grazing rates for cattle from other States, directing that they be charged the same rates as those for residents of Madhya Pradesh. The petitions were allowed, and costs were awarded to the petitioners.
Headnote
A) Constitutional Law - Fundamental Rights - Discrimination in Grazing Charges - Constitution of India, 1950, Articles 14, 19(1)(e), (f), (g) - The court held that there was no rational basis for the distinction made between owners of cattle belonging to Madhya Pradesh and those from other States, and the higher grazing rates imposed on 'foreign cattle' were unconstitutional. The court emphasized that all citizens have the right to move freely throughout India, and the imposition of a 45-day transit limit was also unjustified (Paras 127-129).
Issue of Consideration
Whether the State of Madhya Pradesh could discriminate between owners of cattle belonging to its own State and those from other States regarding grazing charges and transit regulations.
Final Decision
The Supreme Court quashed the higher grazing rates for cattle belonging to persons from other States and declared the 45-day transit limit unconstitutional, directing that the same rates apply to all cattle regardless of origin. The petitions were allowed, and costs were awarded to the petitioners.
Law Points
- Fundamental rights
- discrimination
- grazing charges
- transit rights
- reasonable restrictions
