TMI Blog1989 (8) TMI 358X X X X Extracts X X X X X X X X Extracts X X X X ..... Parmeshwaran, A.S. Pundir, Pandey Associate, Arun K. Sinha, M.B. Lal, A.K. Sanghi and S.M. Ashri, Advs JUDGMENT Kuldip Singh, J. 1. I have read the erudite judgment of L.M. Sharma, J. wherein it has been held that street trading, whether as an itinerant vendor/hawker or from a stationary position/receptacle/kiosk/foot-path, is a fundamental right guaranteed under Article 19(1)(g) of the Constitution of India. The said right is obviously subject to reasonable restrictions imposed by the State under Article 19(6) of the Constitution. It has further been held that there is no fundamental right of a citizen to occupy a particular place in any street for the purpose of engaging himself in 'street trading.' I respectfully agree with these findings arrived at by Sharma, J. I may, however, add few words to support these findings. 2. The guarantee under Article 19(1)(g) extends to practice any profession, or to carry on any occupation, trade or business. 'Profession' means an occupation carried on by a person by virtue of his personal and specialised qualifications, training or skill. The word 'occupation' has a wide meaning such as any regular work, pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... licence street' in which street trading is prohibited without a licence granted by the district council, or a 'consent street' in which street trading is prohibited without its consent. 428. -- Street trading licences. Application for the grant or renewal of a street trading licence under the street trading code may be made by any person aged seventeen or over in writing to the district council. The council is under a duty to grant the application unless it considers that it ought to be refused on one or more of the following grounds : 1. that there is not enough space for the applicant to trade without causing undue interference or inconvenience to street users ; 2. that there are already enough traders trading in the street from shops or otherwise in the particular goods ; 3. that the applicant desires to trade on fewer than the minimum number of days resolved on by the council; 4. that by reason of some conviction or otherwise he is unsuitable : 5. that he has been licensed by the council but has persistently or refused neglected to pay its fees or charges ; 6. that he has been granted a street trading consent by the council but has refused or ne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 to 448 relate to 'street trading' in Greater London and in the city of London. London County Council (General Powers) Act, 1947 and City of London (Various Powers) Act, 1965 Provide for designation of street by the London Borough Council in respect of which applications for grant of 'street trading' licences are entertained. There are provisions for the registration of street traders. The procedure, for grant of Annual licences and the grounds on which such licences may be refused, has been laid-down. There is a complete code, in the shape of various statutes, which regulates the business of 'street trading' in England. Trading in the streets of London from a stationary position is a common sight. Even in the famous Oxford street which is always over-crowded, there are kiosks, receptacles and stalls at every street-junction from where fruits, confectionary, soft drinks, souvenirs, newspapers and various other articles are sold. 'Street trading' is thus one of the traditionally recognised business or trade in England. This is so in spite of the fact that there is a complete social security in that country and as such no compulsion on the citizens to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Shah v. Commissioner of Police, Ahmedabad and Anr. [1973]2SCR266 , this Court held that right to hold a public meeting on a public street is a fundamental right under Article 19(1)(a) and (b) of the Constitution of India and the same cannot be arbitrarily denied. There is thus no justification to deny the citizens of their right to earn livelihood by using the public streets for the purpose of trade and business. 7. In India there are large number of people who are engaged in the business of street trading. There is hardly a household where hawkers do not reach. The house-wives wait for a vegetable vendor or a fruit seller who conveniently delivers the daily-needs at the door-step. The petitioners before us are street-traders of Delhi and New Delhi areas. Some of them have licences Tehbazari from Municipal Corporation of Delhi/New Delhi Municipal Committee but most of them are squatters. There is practically no law regulating street trading in Delhi/New Delhi. The skeletal provisions in the Delhi Municipal Corporation Act, 1957 and the Punjab Municipal Act, 1911 can hardly provide any regulatory measures to the enormous and complicated problem of street trading in these areas. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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