Supreme Court of India · 2004-03-09
OM PRAKASH vs STATE OF UP
- Citation / case number
- SC 1997/3955
- Court
- Supreme Court of India
- Petitioner
- OM PRAKASH
- Respondent
- STATE OF UP
- 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, asserting 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). Citing precedents, the Court held that while the right to trade is fundamental, it can be restricted for public health and safety, ultimately upholding the bye-law as a valid exercise of municipal authority.