Supreme Court of India · 1998-02-04
SODAN SINGH vs N.D.M.C. & ORS.
- Citation / case number
- SC 1998/60647
- Court
- Supreme Court of India
- Petitioner
- SODAN SINGH
- Respondent
- N.D.M.C. & ORS.
- Author
- M. JAGANNADHA RAO
- Bench
- M. JAGANNADHA RAO. S.B. MAJMUDAR
Judgment text excerpt
The Supreme Court reiterated that the right to carry on trade or business is protected under Article 19(1)(g) of the Constitution, not Article 21. It held that hawkers do not have a fundamental right to occupy specific places on public pavements permanently, and the Municipality has the authority to regulate hawking under the Punjab Municipal Act, 1911 and the Delhi Municipal Corporation Act, 1957. The Court emphasized that licenses for hawking must consider public convenience and safety, and cannot be granted arbitrarily.