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ART. 19(6) THE CONSTITUTION OF INDIA 65
sub-clauses either in the interests of the general public or for the protection of the interests of any Scheduled Tribe.
(6) Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law insofar as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause, and, in particular, 1[nothing in the said sub-clause shall affect the operation of any existing law insofar as it relates to, or prevent the State from making any law relating to.—
1.
(i) the professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business; or
(ii) the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise].
COMMENTS
A restriction placed on any Fundamental Right, aimed at securing Directive Principles will be held as reasonable and hence intra vires subject to two limitations: first, that it does not run in clear conflict with the fundamental right, and secondly it has been enacted within the legislative competence of the enacting legislature under Part XI Chapter I of the Constitution. (State of Gujarat v Mirzapur Moti Kureshi Kassab Jamat, AIR 2006 SC 212 : (2005)8 SCC 534).
Once a person becomes major he or she can marry whosoever he/she likes, can marry inter-caste, inter-religion. (Ashok Kumar Todi v Kishwar Jahan, AIR 2011 SC 1254 : (2011)3 SCC 758).
Police personnel continued to beat protestors even after controlling them. Court can award compensation to protestors. (Anita Thakur v State of J&K, AIR 2016 SC 3803 : (2016)15 SCC 525).
The provisions of Section 66-A IT Act are violative of Article 19(1)(a), are not saved by Article 19(2) of Constitution. (Shreya Singhal v Union of India, AIR 2015 SC 1523 : (2015)1 SCC 1).
MLA does not hold office for the purpose of eking livelihood. (Alagaapuram R. Mohanraj v Tamil Nadu Legislative Assembly, AIR 2016 SC 867 : (2016)6 SCC 82).
Medical Dental P.G. Course in private unaided Colleges in M.P. Fee structure - Power of State Government to deal with admission and determination of fee. (Modern Dental College and Research Centre v State of M.P., AIR 2016 SC 2601 : (2016)7 SCC 353).
Substituted by the Constitution (First Amendment) Act, 1951, w.e.f. 18-6-1951
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