Supreme Court of India · 2004-03-09
Om Prakash & Others vs State Of Up & Others
- Citation / case number
- AIR 2004 SUPREME COURT 1896
- Court
- Supreme Court of India
- Petitioner
- Om Prakash & Others
- Respondent
- State Of Up & Others
- Author
- D.M. Dharmadhikari
- Bench
- D.M. Dharmadhikari
Judgment text excerpt
The Supreme Court examined the validity of a bye-law prohibiting the sale of eggs within the municipal limits of Rishikesh, determining that such a restriction must align with the fundamental right to trade under Article 19(1)(g) of the Constitution. The Court emphasized that any restriction must be reasonable and in the public interest as per Article 19(6). The bye-law was ultimately upheld as a valid exercise of municipal authority, balancing public health interests against individual trade rights.