BOMBAY HAWKERS' UNION AND ORS. vs BOMBAY MUNICIPAL CORPORATION AND ORS.

The Supreme Court examined the constitutional validity of Sections 313, 313-A, 314(3), and 497 of the Bombay Municipal Corporation Act, 1888, in relation to the right to carry on trade under Article 19(1)(g) of the Constitution. The Court held that while the right to trade is fundamental, it is subject to reasonable restrictions, and the provisions in question do not violate this right as they aim to regulate hawking in public spaces. The Court disposed of the writ petitions by suggesting the formulation of a licensing scheme for hawkers, thereby balancing their rights with public order.