Supreme Court of India · 1962-12-05
AKADASI PADHAN vs STATE OF ORISSA
- Citation / case number
- SC 1962/234
- Court
- Supreme Court of India
- Petitioner
- AKADASI PADHAN
- Respondent
- STATE OF ORISSA
- Bench
- SINHA, BHUVNESHWAR P.(CJ),GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,GUPTA, K.C. DAS,SHAH, J.C.
Judgment text excerpt
The Supreme Court upheld the validity of the Orissa Kendu Leaves (Control of Trade) Act, 1961, stating that the creation of a state monopoly in Kendu leaves is permissible under Article 19(6) of the Constitution, as amended by the First Amendment. The Court clarified that while the law may indirectly affect other rights, its validity cannot be challenged on that basis. It emphasized that the essential attributes of such laws depend on the nature of the trade and that incidental provisions must be evaluated under Article 19(1) if they directly impinge on fundamental rights.