Supreme Court of India · 2004-09-13
Gainda Ram & Ors vs M.C.D. & Ors
- Court
- Supreme Court of India
- Petitioner
- Gainda Ram & Ors
- Respondent
- M.C.D. & Ors
Judgment text excerpt
The Supreme Court held that hawkers have a fundamental right to carry on business on public streets under Article 19(1)(g) of the Constitution, but this right is subject to regulation to maintain public order and hygiene. The Court distinguished the earlier judgment in Pyare Lal vs. New Delhi Municipal Committee, affirming that while hawking is a recognized right, it must be regulated to prevent unsanitary conditions. The decision in Sodan Singh vs. New Delhi Municipal Committee established a broader interpretation of this right, emphasizing the need for a balance between individual rights and public interest.