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SANJAY KAROL, N. KOTISWAR SINGH
Malkit Singh – Appellant
Versus
State of U. T. Chandigarh – Respondent
| Table of Content |
|---|
| 1. continuation of matter for further orders (Para 1 , 14 , 15) |
| 2. balancing individual rights with public interests (Para 2 , 3 , 4) |
| 3. background of the appeal concerning street vendor regulation (Para 5 , 6) |
| 4. framework of regulations governing street vendors (Para 7 , 8 , 9) |
| 5. state's duty to support vendors during regulation (Para 10 , 11 , 12 , 13) |
ORDER :
SANJAY KAROL J.
1. Leave granted.
PRELUDE
2. To conceive of street vendors as units that can be removed or relocated at the ‘drop of a hat’ would be an incorrect use of power, either judicial or administrative. They are not solely economic units; they are people trying to earn an honest living in cities that often offer them few, if any, alternatives. For many, street vending is not a choice but a necessity that allows them to support their families, educate children, and survive in an increasingly expensive urban environment. The Constitution of India, through Article 19(1)(g), guarantees every citizen the right to practise any profession or to carry on any occupation, trade, or business. Street vending falls squarely within this protection. At the same time, this right is not absolute. Article 19(6) permits the
Street vending is constitutionally protected under Article 19(1)(g) but must be regulated to balance individual rights with public interests, requiring designated vending zones and lawful procedures.
Point of law: Section 2 (1) (l) street vendor means a person engaged in vending of articles, goods, wares, food items or merchandise of everyday use or offering services to the general public, in a s....
Definition of ‘street vendors’ clearly mentions that they have to carry on business from a temporary built-up structure.
The central legal point established in the judgment is the interpretation and application of the terms and conditions of the Certificate of Vending and the Street Vendors Act, 2014 in determining the....
Public roads are not meant for private trade; vendors must operate within designated vending zones under applicable laws.
Compliance with statutory notice requirements and proper issuance of street vending certificates were upheld, confirming lawful methodological procedures for vendor relocations under the Street Vendi....
Street vendors cannot be evicted without adherence to statutory provisions, including the completion of surveys and designation of vending zones as mandated by the Street Vendors Act.
No right to specific vending site in non-vending zone; committee has discretion to relocate vendors.
The central legal point established in the judgment is the right of street vendors to vend within specified zones in compliance with the terms and conditions of their vending certificates.
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