The Chief Justice.-In these two applications some of the provisions of the Cotton Textiles (Control) Order, 1948, were challenged as being opposed to certain Articles of the Constitution of India. This Order was made by the Central Government in exercise of the powers conferred by section 3 of the Essential Supplies (Temporary Powers) Act, 1946. It came into force on 2nd August, 1948, in the place of an earlier Order of February 1948. Two classes of special officers to work the provisions of this order are contemplated. One is the controller who is the principal officer appointed by a Provincial Government for the administration of the textile control and the other is the Textile Commissioner appointed by the Central Government. This Order provides for the control of raw materials and stores as well as cloth and yarn. In these two applications we are only concerned with the provisions relating to cloth and yarn. Clause (12) of the Order runs as follows:-

"12. (1) No producer who has no spinning plant shall work or cause or permit to be worked,

(a) looms in excess of the number of looms working in the undertaking on the 30th September, 1944.

(b) Any loom for a period which in any one month exceeds the average number of hours of work per loom per month in the undertaking during the year ending 30th September, 1944.

(2) No producer who has a spinning plant shall in any quarter-

(a) purchase a quantity of yarn exceeding 1/4 of the quantity of yarn purchased by him in the year 1944;

(b) sell a quantity of yarn less than 1/4 of the quantity of yarn sold by him in the year 1944.

(3) No producer who has no weaving plant shall instal or cause or permit to be installed’ any loom in his undertaking.

(4) No person shall acquire or instal any loom to be worked by power as defined in S. 2 (f) of the Factories Act, 1934.

(5) Any person having in his possession any loom which he is not entitled to work or cause or permit to be worked in accordance with this clause shall forthwith report the fact to the Controller and shall take such action as to its sealing or storage as the Controller amy direct."

The clause has to be read subject to clause 33 which provides for exclusion from and modification and relaxation of its operation. Clause (1) runs as follows:-

"The Textile Commissioner may by a general or special permit exclude from or modify or relax to such extent as may be specified by him, the operation of any such provision in respect of any person act or thing or any class of persons, acts or things."

Clause 30 confers certain powers on the Textile Commissioner in respect of the distribution of cloth and yarn. It is in the following terms:

"The Textile Commissioner may, with a view to securing a proper distribution of cloth or yarn or with a view to securing compliance with this order, direct any manufacturer or dealer, or any class of manufacturers or dealers-

(a) To sell to such person or persons such quantities of cloth or yarn as the Textile Commissioner may specify; and

(b) not to sell or deliver cloth or yarn of a specified description except to such person or persons and subject to such conditions as the Textile Commissioner may specify; and may issue such further instructions as he thinks fit regarding the manner in which the direction is to be carried out."

The petitioner in these two petitions is the proprietor of Sundararaj Textiles situated at Kalapatti Post, Coimbatore district. It is exclusively a weaving mill and not what is referred to in the affidavits as a composite mill, i.e., both a spinning and a weaving mill. In 1944, the petitioner had 10 power looms installed in his factory. In 1946 he added another 14 power looms with the permission of the Government and ever since he has been manufacturing cloth in these 24 power looms. In July 1949, he applied to the Textile Commissioner who had his office in Bombay for permission to acquire and instal 50 more power looms, as such permission was necessary under the provisions of the Cotton Textile

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