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march 2004

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.

OM PRAKASH vs STATE OF UP · Niyam