B.S.REDDY, H.K.SEMA
Maharashtra Ekta Hawkers Union – Appellant
Versus
Municipal Corporation, Greater Mumbai – Respondent
JUDGMENT
Sema, J.—The Hawkers’ problems in the city of Bombay was first dealt with by this Court in the case of Bombay Hawkers’ Union v. Bombay Municipal Corporation (1985) 3 SCC 528. The argument that the hawkers have a fundamental right to carry on their trade or business and that the respondents are unlawfully interfering with that right by arbitrarily refusing to grant or renew their licenses for hawking and that the writ petitions for a declaration that the provisions of Sections 313, 313-A, 314(3) and 497 of the Bombay Municipal Corporation Act, 1988 are void since they confer upon the respondents an arbitrary and unguided power to refuse to grant or renew licenses for hawking and to remove the goods without affording to the hawkers an opportunity to be heard, was repelled by this Court. This Court held that the right to carry on trade or business conferred by Article 19(1)(g) of the Constitution is subject to the provisions of clause (6) of Article 19 which provided that nothing in Sub-clause (g) of Article 19(1) would affect the operation of any existing law insofar as it imposed, or prevented the State from making any law imposing, in the interests of general public, reaso
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