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Andhra Pradesh High Court
Judges : BASI REDDI, SAMBASIVA RAO
Parachuri Venkateswarlu - Appellant
Versus
Government of India by its Secretary, Food - Respondent
Decided On : 04-26-68
CONSTITUTIONAL LAW - FREEDOM OF TRADE AND COMMERCE - RESTRICTIONS ON EXPORT AND TRANSPORT OF COARSE GRAINS - VALIDITY OF ANDHRA PRADESH COARSE GRAINS (EXPORT CONTROL) ORDER, 1965 - CHALLENGED ON GROUNDS OF VIOLATION OF ARTICLES 301, 302, 304, 14, 19(1)(F) AND (G) OF THE CONSTITUTION - HELD, ORDER VALID AND CONSTITUTIONAL.
Fact of the Case:
Petitioners challenged the constitutional validity of the Andhra Pradesh Coarse Grains (Export Control) Order, 1965, particularly clause 4, which regulated the transport of coarse grains to and within the border area, alleging violation of Articles 301, 302, 304, 14, 19(1)(f) and (g) of the Constitution.
Finding of the Court:
The court upheld the validity of the Export Control Order and dismissed the petitions. It held that: * The order was a valid piece of legislation enacted by Parliament under Article 302 of the Constitution, which empowers Parliament to impose restrictions on the freedom of trade, commerce, or intercourse in the public interest. * The delegation of power to the Central Government to make orders under section 3 of the Essential Commodities Act, 1955, was valid and did not amount to excessive delegation of legislative power. * The restrictions imposed by clauses 3 and 4 of the Export Control Order were reasonable and subserved public interest, and did not offend Article 19(1)(f) and (g) of the Constitution.
Issues: 1. Whether the Andhra Pradesh Coarse Grains (Export Control) Order, 1965, particularly clause 4, violated Articles 301, 302, 304, 14, 19(1)(f) and (g) of the Constitution? 2. Whether the delegation of power to the Central Government to make orders under section 3 of the Essential Commodities Act, 1955, was valid?
Ratio Decidendi: 1. The court held that the Export Control Order was a valid piece of legislation enacted by Parliament under Article 302 of the Constitution, which empowers Parliament to impose restrictions on the freedom of trade, commerce, or intercourse in the public interest. 2. The court held that the delegation of power to the Central Government to make orders under section 3 of the Essential Commodities Act, 1955, was valid and did not amount to excessive delegation of legislative power. 3. The court held that the restrictions imposed by clauses 3 and 4 of the Export Control Order were reasonable and subserved public interest, and did not offend Article 19(1)(f) and (g) of the Constitution.
Final Decision: The court dismissed the petitions challenging the constitutional validity of the Andhra Pradesh Coarse Grains (Export Control) Order, 1965.
( 1 ) PROSECUTIONS have been launched against the petitioners in all these writ petitions for the contravention of clause 4 of the Andhra Pradesh coarse Grains (Export Control) Order, 1965 (hereinafter called "the Export control Orders", in that they are alleged to have transported or abetted the transport of coarse grains like jowar and maize to places within the "border area. " without obtaining permit from the prescribed authority. The petitioners have filed these writ petitions challenging the constitutional validity of the Export Control Older in general and clause 4 of that Order in particular. In order to appreciate the contentions raised before us, it is necessary to read the relevent provisions of the export Control Order. "1. Short title, extent and commencement - (1) This Older may be called The andhra Pradesh Coarse Grains (Export Control) Order, 1965. (2) It extends to the whole of the State of Andhra Pradesh. (3) It shall come into force at once.
( 2 ) DEFINITIONS.-IN this Order, unless the context otherwise requires.- (a) "border area" means the area inside the State of Andhra Pradesh falling within a five-mile belt all along the border of that State adjoining the states of Madras, Mysore, Maharashtra, Madhya Pradesh and Orissa. (b) " Coarse grains " means any of the coarse grains specified in the schedule below :- (the schedule mentions eight categories including jowar and maize ). (c) " export " means to take or cause to be taken from any place within the State of Andhra Pradesh to any place outside it. (d) " State Government" means the Government of the State of Andhra pradesh.
( 3 ) RESTRICTIONS on export of coarse Grains.- No person shall export or attempt to export or abet the export of coarse grains except under and in accordance with a permit issued by the Central Government or the State Government or by any officer authorised in that behalf by the Central Government or, as the case may be, by the State Government : provided that nothing contained in this clause shall apply to the export of course grains- (1) not exceeding five kilograms in weight in the aggregate by a bona fide traveller as part of his luggage; or (ii) on Government account; or (iii) under and in accordance with Military Credit Notes.
( 4 ) RESTRICTIONS on transport of coarse grains to or within the border area.-- No peson shall transport, attempt to transport, or abet the transport of coarse grains- (a) to any place in the border area from any place outside that area; or (6) from any place in the border area to any other place in that area, except under and in accordance with a permit issued by the Central Government or by the State Government ; or any officer authorised in that behalf by the Central Government or, as the case may be, by the State Government : provided that nothing contained herein shall apply to the transport of coarse grains- (i) on Government account; or (ii) under and in accordance with Military Credit Notes; or (iii) within the same town or village in the border area; or (iv) from a village in the border area to the nearest grain market (mandi) in the State of Andhra Pradesh whether such market is within or outside the border area; or (v) not exceeding twenty kilograms in weight in the aggregate at one time by a bona fide resident of the border area for domestic consumption ; or (vi) not exceeding five kilograms in weight in the aggregate by a bona fide traveller as part of his luggage. " 2. It will be observed that while clauce 3 regulates and controls export of coarse grains from within the State of Andhra Pradesh to places outside the State, clause 4 regulates and controls the transport of coarse gr?ins to the bolder prea. " which is fixed as the area inside the State of Andhra Pradesh falling within a five-mile belt along the borders of the State. Evidently clause 4, is ancillary and complementary to clause 3 and is intended to facilitate the control of the export of coarse grains outside the
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