SANKARAN, SUBRAMONIA.IYER, M.S.MENON
Mathai – Appellant
Versus
State – Respondent
1. The proceedings impugned in this petition were taken under the provisions of the Travancore-Cochin Food Grains (Distribution, Rationing and Movement) Control Order, 1950. That Order was made on 21.7.1950 in exercise of the powers conferred on the Government by S.3 of the Travancore-Cochin Public Safety Measures Act, 1950 (Act V of 1950), a section which has been held to be ultra vires of the Constitution in 1953 K.L.T. 735 and 1953 K.L.T. 863 for lack of the Presidential sanction prescribed by Art.304, and there can be no doubt that if those decisions are correct this petition has to be allowed.
2. The only question, therefore, that arises for consideration and which was urged before us was regarding the correctness or otherwise of the said decisions. The relevant portion of Art.304 of the Constitution reads as follows:
"Notwithstanding anything in Art.301 or Art.303, the Legislature of a State may by law -
(b) impose such reasonable restrictions on the freedom of trade, commerce or intercourse with or within that State as may be required in the public interest:
Provided that no Bill or amendment for the purpose of Cl.(b) shall be introduced or moved in the Legislature
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