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1973 Supreme(SC) 380

A.N.RAY, D.G.PALEKAR, P.N.BHAGWATI, V.R.KRISHNA IYER, Y.V.CHANDRACHUD
Shree Meenakshi Mills: Bihar Cotton Mills – Appellant
Versus
Union Of India – Respondent


Advocates:
A.B.SINHA, A.SUBBA RAO, A.T.M.SAMPATH, B.P.MAHESHVARI, C.R.CHANDRASEKHARAN, E.C.AGARWAL, F.S.NARIMAN, G.L.SANGHI, J.B.DADACHAN, J.C.BHATT, J.J.BHATT, J.P.GOYAL, J.RAMAMURTHI, M.C.CHAGLA, M.C.SETALVAD, M.K.RAMAMURTHY, O.P.KHAITAN, P.C.BHARTARI, P.N.TIVARI, R.A.GUPTA, Ravindra Narayan, S.D.COLABAVALA, S.P.NAIR, S.P.NAYAR, S.SWAROOP, SHYAMALA PAPPU, Suresh Sethi, T.V.S.N.Chari, URMILA SIRUR

Judgement Key Points

Certainly. Based on the provided legal document, the following key points can be summarized:

  1. The government has the authority to regulate prices, production, and distribution of essential commodities, including yarn, in the interest of public welfare and economic stability (!) (!) .

  2. Fixing a fair price that includes a reasonable profit margin does not infringe upon the fundamental right to carry on business, provided that the prices are not arbitrary and are based on relevant factors such as costs of production and market conditions (!) (!) .

  3. Control measures, including price fixation and channelization of distribution, are justified as reasonable restrictions under constitutional provisions, especially during times of scarcity or emergency, to prevent hoarding, speculation, and unfair trade practices (!) (!) (!) .

  4. The legislative and executive actions taken under various control orders and laws, such as the Cotton Textiles Control Order and the Essential Commodities Act, are within the constitutional scope, particularly when aimed at ensuring equitable distribution and fair prices (!) (!) .

  5. The fixation of prices must consider costs of production, including raw material costs, wages, and reasonable profit margins, to prevent arbitrary pricing that could harm either producers or consumers (!) (!) .

  6. The control measures, including channelization and restrictions on sale and delivery, are designed to promote equitable distribution and prevent malpractices such as hoarding and black marketing, and are therefore justified as reasonable restrictions (!) (!) .

  7. During a state of emergency, executive actions that are continuations of prior lawful orders or laws do not violate constitutional rights, although any executive action without proper legal authority can be challenged on constitutional grounds (!) (!) .

  8. The procedural safeguards, such as the right to appeal against orders of authorities like the Textile Commissioner, are in place to ensure fairness in the implementation of control measures (!) .

  9. The control measures are not intended to create monopolies but to regulate trade in a manner that ensures fair prices, availability, and prevents unfair trade practices, with the control scheme being in public interest (!) (!) .

  10. Overall, the law and regulations aim to balance the interests of producers, consumers, and the general public by ensuring supply, fair pricing, and equitable distribution, especially during times of shortages or economic fluctuations (!) (!) (!) .

Please let me know if you need a more detailed analysis or specific legal advice based on these points.


Judgment

RAY C. J. :- The petitioners challenged Notifications No. CER/ 3/73 dated 13 March, 1973 and CER/ 16/73 dated 13 March, 1973 described as the first and the second impugned notifications.

2. There was unprecedented and phenomenal rise in cotton prices in the closing months of 1970 and in January, 1971. There was a very low cotton crop in 1970-71 season . There was a perceptible drop in yarn production. Yarn is produced in hanks for handloom and cones, beams and prins for powerlooms and cones for hosiery industry. There was rise in prices. This strengthened the hands of the weavers in their agitation. The Yarn Pool Scheme was devised in February, 1971. This was a voluntary effort on the part of the cotton mill industry to afford some relief to small weavers in the handloom and powerloom sector. The scheme covered cotton yarn in counts of 20s, 30s and 40s both in hanks and hosiery cones and in counts of 20s, 24s, 30s, 34s and 40s in weaving cones. Under this scheme the mills participating in it had to supply yarn at prices equivalent to the average of prices ruling in the last quarter of 1970. As a compensation the participating mills were allotted foreign cotton at a concessio













































































































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