NARENDRA KUMAR AND OTHERS versus THE UNION OF INDIA AND OTHERS

NARENDRA KUMAR AND OTHERS versus THE UNION OF INDIA AND OTHERS

Clause 3 and 4 of the Non-ferrous Metal Control Order, 1958, are reasonable restrictions under Articles 19(5) and 19(6). However, as the principles specified by the Central Government for issuing permits under clause 4 were not published in the Gazette nor laid before Parliament as required by sub-sections (5) and (6) of Section 3 of the Essential Commodities Act, clause 4 is void until such compliance.

Parties
Petitioners: Narendra Kumar and Others; Respondents: The Union of India and Others
Jurisdiction
India
Judgment Date
03 December 1959
Procedural Posture
Petition Under Article 32 of the Constitution of India / Final Decision
Outcome
Petition partly allowed
Legal Topics
Fundamental Rights, Reasonable Restrictions, Trade Regulation, Equality Before Law
Constitutional Law Administrative Law Fundamental Rights Reasonable Restrictions Trade Regulation Equality Before Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Narendra Kumar and Others

Petitioners

The Union of India and Others

Respondents

Procedural Posture

Petition Under Article 32 of the Constitution of India / Final Decision

Legal Issues

  1. 1 Whether clauses 3 and 4 of the Non-ferrous Metal Control Order, 1958, amount to a prohibition and not a mere restriction under Articles 19(1)(f) and 19(1)(g) of the Constitution.
  2. 2 Whether the principles specified by the Central Government in the communication dated April 18, 1958, are discriminatory and violate Article 14 of the Constitution.
  3. 3 Whether the principles specified have legal force, as they were not notified in the Gazette or laid before Parliament as required by the Essential Commodities Act.

Ratio Decidendi

Clause 3 and 4 of the Non-ferrous Metal Control Order, 1958, are reasonable restrictions under Articles 19(5) and 19(6). However, as the principles specified by the Central Government for issuing permits under clause 4 were not published in the Gazette nor laid before Parliament as required by sub-sections (5) and (6) of Section 3 of the Essential Commodities Act, clause 4 is void until such compliance.

Court Disposition

Petition partly allowed

Orders

  • Order restraining respondents from enforcing clause 4 of the Non-ferrous Metal Control Order, 1958, unless principles are published in the Official Gazette and laid before Parliament as required by law.
  • Parties to bear their own costs.