( 1 ) CONSTITUTIONAL validity of Act IV of 1994, by which bombay Animal Preservation Act, 1954, adopted by the Gujarat State, was amended, is the issue raised in these petitions. So, we consider it advantageous to dispose of all these petitions by a common judgment. Counsel appearing on either side submitted that Special Civil Application No. 9991 of 1993 be treated as the main case. We are, therefore, referring to the parties and documents as they are arrayed and marked in Special Civil Application No. 9991 of 1993.

( 2 ) BOMBAY Animal Preservation Act, 1954 was adopted and modified by the gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. It was amended by Gujarat Act XVI of 1961 and then by Act XXIII of 1979. The State government issued Ordinance 4 of 1993 to amend the Act. By that amendment, slaughter of bulls and bullocks was totally banned in the State of Gujarat. Provisions contained in that Ordinance were challenged in these Special Civil Application. Pending these petitions, State Legislature passed Act IV of 1994 for replacing the ordinance. The Amending Act has been assented to by the President of India on 15/03/1994. Thereupon, it was brought into force by Notification in the Gazette dated 15/03/1994.

( 3 ) SPECIAL Civil Application No. 9991 of 1993 is filed by three petitioners. First petitioner is a Trust of persons, which is carrying on the business of selling and buying bulls/bullocks and other animals for slaughtering them and for selling their meat, as permitted by law. Some of its members carry on business of selling and trading hides, bones, guts, etc. , of slaughtered animals. Second petitioner is the president of the Trust and third petitioner, Joint Secretary. Petitioners 2 and 3 are carrying on business of buying and selling bulls and bullocks, and slaughtering them for selling the meat. They are licensees for carrying on that business in accordance with law. As a result of promulgation of Gujarat Ordinance 4 of 1993, and in view of Act IV of 1994, by which the Ordinance was replaced, their business in slaughter of bulls and bullocks has been completely banned. So, it is contended that the provisions of the Act are interfering with petitioners fundamental right to carry on business. In other words, the contention is that the Act is violative of provisions contained in Arts. 14 and 19 (1) (g) of the Constitution of India. On this basis, they pray for declaring provisions of Gujarat Act IV of 1994 as illegal, ultra vires the constitution and unconstitutional as violative of the fundamental rights of the petitioners guaranteed under Arts. 19 (1) (g) and 21 of the Constitution of India.

( 4 ) ON behalf of the State, Deputy Secretary, Agriculture, Co-operation and Rural development Department filed a detailed affidavit-in-reply, dated 20-10-1993. The statement, made therein are to the following effect. Ordinance 4 of 1993 was issued to amend Bombay Animal Preservation Act, 1954. It provides for total prohibition against slaughtering of cows, calves of cows, whether male or female, bulls and bullocks irrespective of their age. Improved scientific animal husbandry services in the State has considerably increased average longevity of animals. As against 456 veterinary Dispensaries and First Aid Veterinary Centres in 1960, there are 946 veterinary Dispensaries and First Aid Centres in 1993. 31 Mobile Veterinary dispensaries are working in 1993 as against none in 1960. 467 Intensive Cattle development Centres have been set up. In 1960, 5,00,000 cattle were vaccinated while in 1992-93, nearly 2,00,00,000 were vaccinated to protect them from fatal diseases. 10 Cattle Feed Factories produce 1,545 metric tonnes of cattle feed per day. As a result of improved animal husbandry services, contagious diseases have been brought under control. The death of such animals in 1992-93 was brought down to 636 as against 6,689 during 1960-61. Population of bullock is 27. 39 lakhs. Over and abo