Case Note & Summary
The dispute arose from the bye-law framed by various Zila Parishads under the Uttar Pradesh Kshetra Samiti and Zila Parishads Adhiniyam, 1961, which provided for public auction rights to trade in the carcass of dead animals in rural areas. A Single Judge of the High Court had struck down part of the bye-law, claiming it created a monopoly. The Division Bench upheld this view, leading to a referral to a Full Bench, which ultimately ruled that Zila Parishads had the authority to frame such bye-laws. Special leave petitions were filed challenging the constitutional validity of the bye-law. The Supreme Court, in a previous order, directed the State Government to create a Model Scheme for carcass utilisation, but later modified its order to allow Zila Parishads to issue licenses to applicants. The State Government's Circular dated June 7, 1986, indicated a shift from auction to a licensing system, favoring cooperative societies. The Supreme Court noted that the controversy was resolved by this policy change, allowing Zila Parishads to create bye-laws consistent with the new directive. The court stressed the importance of organizing cooperative societies for traditional workers and allowed for temporary auction arrangements only with State Government approval if necessary. The decision underscored the need for social welfare initiatives to support these communities.
Headnote
A) Constitutional Law - Bye-law Validity - Competency of Zila Parishads to frame bye-laws - Uttar Pradesh Kshetra Samiti and Zila Parishads Adhiniyam, 1961, Section 239(2)(E)(a) - The court held that Zila Parishads were competent to frame bye-laws for carcass utilisation, and the previous decision striking down part of the bye-law was incorrect. The court emphasized the need for cooperative societies for the traditional occupation and the directive for framing appropriate bye-laws (Paras 539-545).
Issue of Consideration
Whether the bye-law framed by Zila Parishads for carcass utilisation violates Article 19(1)(g) of the Constitution of India.
Final Decision
The Supreme Court upheld the competency of Zila Parishads to frame bye-laws for carcass utilisation and noted the shift to a licensing system as per the State Government's Circular. It directed the formation of cooperative societies and allowed temporary auction arrangements under specific conditions.
Law Points
- Bye-law validity
- Carcass utilisation
- Cooperative societies
- Constitutional validity
- Public auction
- Licensing system
