Supreme Court of India · 2010-10-08
Gainda Ram & Ors vs M.C.D. & Ors
- Court
- Supreme Court of India
- Petitioner
- Gainda Ram & Ors
- Respondent
- M.C.D. & Ors
- Author
- Asok Kumar Ganguly
- Bench
- G.S. Singhvi, Asok Kumar Ganguly
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) and Article 21 of the Constitution of India, as established in Sodan Singh v. New Delhi Municipal Committee (1989) 4 SCC 155. The Court distinguished the earlier ruling in Pyare Lal v. New Delhi Municipal Committee, affirming that while hawking is a right, it is subject to regulation to ensure public order and hygiene. The judgment emphasized the need for a balanced approach to street vending, recognizing both the rights of hawkers and the necessity of public space management.