AIR 1955 SUPREME COURT 781 ::1956 SCJ 48

Supreme Court Of India

Hon'ble Judge(s): S. R. Das, N. H. Bhagwati, T. L. Venkatarama Ayyar, S. Jafer Imam, N. Chandrasekhara Aiyar , JJJ

(A) Constitution of India , Art.13, Art.19(1)(g), Art.19(6), Art.31(2)— C. P. and Berar Motor Vehicles (Amendment) Act - Constitutional validity. C.P. and Berar Motor Vehicles (Amendment) Act (3 of 1948) , — The impugned Act was an existing law at the time when the Constitution came into force. That existing law imposed on the exercise of the right guaranteed to the citizens of India by Art. 19 (1)(g) restrictions which could not be justified as reasonable under cl. (6) as it then stood and consequently under Art. 13(1) that existing law became void "to the extent of such inconsistency, that is to say, to the extent it became inconsistent with the provisions of Part III which conferred the fundamental rights on the citizens. The law continued in force, even after the commencement of the Constitution with respect to persons who were not citizens and could not claim the fundamental right. Nevertheless, after 18-6-1951 when cl. (6) was amended by the Constitution (First Amendment) Act,1951 the impugned Act ceased to be inconsistent with the fundamental rights guaranteed by Art. 19(1)(g) read with the amended clause (6) of that Article, because that clause, as it now stands, permits the creation by law State monopoly in respect, inter alia, of motor transport business and it became operative again even as against the citizens.(Para 8 ....