Case Note & Summary
The dispute involved the Bombay Hawkers’ Union and several hawkers challenging the constitutional validity of certain provisions of the Bombay Municipal Corporation Act, 1888, which they claimed arbitrarily restricted their right to trade. The petitioners argued that they had a fundamental right to carry on their business, which was being unlawfully interfered with by the Municipal Corporation's refusal to grant or renew hawking licenses. The court noted that there are approximately 150,000 hawkers in Bombay, with a significant number being women, and highlighted the public nuisance caused by hawkers occupying public streets. During the proceedings, the Municipal Corporation formulated a scheme to create hawking zones, which the court reviewed. The court held that the right to trade under Article 19(1)(g) is subject to reasonable restrictions in the interest of the public, and the provisions of the Act were found to be reasonable. The court suggested modifications to the proposed scheme, including clarifications on conditions for hawking and the hours of operation. The court directed the Municipal Commissioner to finalize the scheme expeditiously, emphasizing the need for public consultation and adherence to health regulations. The decision underscored the balance between the hawkers' rights and the necessity to maintain public order and safety.
Headnote
A) Constitutional Law - Right to Trade - Reasonable Restrictions - Article 19(1)(g) of the Constitution - The right to carry on trade is subject to reasonable restrictions in the interest of the public. The provisions of the Bombay Municipal Corporation Act impose reasonable restrictions to prevent nuisance and ensure public convenience. Held that the impugned provisions are valid (Paras 855 C-D). B) Municipal Law - Licensing of Hawkers - Scheme for Hawking Zones - The Municipal Commissioner proposed a scheme for licensing hawkers by creating hawking zones. The court found the scheme feasible and suggested modifications to ensure clarity and public interest. Held that the scheme should be implemented with necessary clarifications (Paras 859 GH-H, 860 A-C). C) Public Health and Safety - Regulation of Hawking - The court emphasized that hawkers must comply with health regulations and cannot sell unhygienic food. The right to trade does not extend to causing public nuisance. Held that hawkers must adhere to municipal regulations (Paras 860 C-D).
Issue of Consideration
Whether the provisions of the Bombay Municipal Corporation Act, 1888 regarding hawking are violative of Article 19(1)(g) of the Constitution.
Final Decision
The court upheld the provisions of the Bombay Municipal Corporation Act as reasonable restrictions on the right to trade, directed the Municipal Commissioner to finalize the licensing scheme for hawkers with modifications, and emphasized the need for public consultation and adherence to health regulations.
Law Points
- Right to trade
- reasonable restrictions
- public nuisance
- hawking zones
- licensing scheme
