NARENDRA KUMAR V. UNION OF INDIA AIR 1960 SC 430

NARENDRA KUMAR V. UNION OF INDIA

AIR 1960 SC 430

 

FACTS

Three people hereinafter called the petitioners filed this petition under Article 32 of the Constitution for the enforcement of their fundamental rights conferred by Article 14, 19(1)(f) and19(1)(g). The respective petitioners were dealers and imported copper and carried on their business at Jagadhri in the State of Punjab. On different dates prior to April 3, 1958, they entered into contracts of purchase of copper with importers at Bombay and Calcutta. Before, they could take delivery from the importers the Government of India issued on April 2, 1958, an order called the " Non-ferrous Metal Control Order, 1958 " hereafter referred to as " the order " in exercise of its powers under section 3 of the Essential Commodities Act (Act X of 1955)-referred to hereafter as " the Act ". In this order " non-ferrous metal " was defined to mean " imported copper, lead, tin and zinc in any of the forms specified in the Schedule of the order." The Order was from the very beginning made applicable to imported copper. This Order was published in the Gazette of India on April 2, 1958.

 

JUDGEMENT AND ANALYSIS

1. This hon'ble court construed the term “restriction” to include prohibition and ruled that the reasonableness of such a restriction has to be considered in the background of the facts and circumstances under which the order was made taking into account the nature of the evil that was sought to be remedied by the law, the ratio of the harm caused to such citizens by the proposed remedy to the beneficial effect reasonably expected to result to the general public and whether the restraint caused by the law wa more than necessary in the interests of the general public. 
2. This court held that copper was an essential commodity; its indigenous production was small; consumers depended on imported copper and its prices had a tendency to go up. Hence, the court established a direct relation between the importer and the consumer of copper and completely eliminated the interests of the general public. The order was promulgated in an honest effort to protect the interests of the general public.