GAINDA RAM AND OTHERS versus M.C.D. AND OTHERS

GAINDA RAM AND OTHERS versus M.C.D. AND OTHERS

Schemes and policies issued by NDMC and MCD do not amount to law as required under Article 19(6) of the Constitution. Hawking and street vending constitute a fundamental right under Article 19(1)(g), but restrictions can only be imposed by law, not by ad hoc schemes. The Court directs the appropriate government to enact legislation regulating hawking by 30th June 2011. Till then, existing schemes will govern hawking and vending, with grievance redressal through internal mechanisms.

Parties
Applicant: Gainda Ram and Others; Respondent: M.C.D. and Others
Jurisdiction
India
Judgment Date
08 October 2010
Procedural Posture
Writ Petition (civil) / Final Disposition
Outcome
writ petition and all IAs disposed of
Legal Topics
Fundamental Rights, Hawking Regulation, Street Vending, Reasonable Restrictions, Scheme Regulation
Constitutional Law Administrative Law Municipal Law Fundamental Rights Hawking Regulation Street Vending Reasonable Restrictions Scheme Regulation

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Parties

Gainda Ram and Others

Applicant

M.C.D. and Others

Respondent

Procedural Posture

Writ Petition (civil) / Final Disposition

Legal Issues

  1. 1 Whether hawkers have a fundamental right to carry on hawking under Article 19(1)(g) of the Constitution
  2. 2 What are the permissible restrictions on hawking and street vending
  3. 3 Whether schemes and policies framed by NDMC/MCD amount to law for controlling hawkers' rights

Ratio Decidendi

Schemes and policies issued by NDMC and MCD do not amount to law as required under Article 19(6) of the Constitution. Hawking and street vending constitute a fundamental right under Article 19(1)(g), but restrictions can only be imposed by law, not by ad hoc schemes. The Court directs the appropriate government to enact legislation regulating hawking by 30th June 2011. Till then, existing schemes will govern hawking and vending, with grievance redressal through internal mechanisms.

Court Disposition

writ petition and all IAs disposed of

Orders

  • Regulation of hawking and vending shall continue under existing NDMC/MCD schemes until 30th June 2011.
  • Appropriate government to enact a law regulating hawking and vending before 30th June 2011.