Supreme Court of India · 1959-12-03
NARENDRA KUMAR AND OTHERS vs THE UNION OF INDIA AND OTHERS
- Citation / case number
- SC 1958/47
- Court
- Supreme Court of India
- Petitioner
- NARENDRA KUMAR AND OTHERS
- Respondent
- THE UNION OF INDIA AND OTHERS
- Author
- SINHA, BHUVNESHWAR P.(),IMAM, SYED JAFFER,KAPURL.,WANCHOO, K.N.,GUPTA, K.C. DAS
- Bench
- SINHA, BHUVNESHWAR P.(CJ),IMAM, SYED JAFFER,KAPUR, J.L.,WANCHOO, K.N.,GUPTA, K.C. DAS
Judgment text excerpt
The Supreme Court ruled that the Non-ferrous Metal Control Order, 1958, which imposed price fixation and permit requirements for the trade of non-ferrous metals, violated Articles 19(1)(f) and 19(1)(g) of the Constitution by effectively prohibiting dealers from engaging in trade. The Court held that such total restraint on the exercise of fundamental rights could not be justified under the saving provisions of Articles 19(5) and 19(6). The petitioners' challenge to the validity of the order was upheld, affirming their right to trade and acquire property.