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ART. 19 THE CONSTITUTION OF INDIA 69
Educatiional Trust, Bengaluri v State of Karnataka, AIR 2018 Kant 116 (DB).
The authority of State to blacklist a person is a necessary concomitant to the executive power of the State to carry on the trade or the business and making of contracts. (M/s. Patel Engineering Limited v Union of India, AIR 2012 SC 2342 : (2012)11 SCC 257).
Blacklisting of a contractor is termed “civil death”, cannot be ordered without giving notice of such contemplated action, mere mention of such action is NIT is not sufficient. (Gorkha Security Services v Government (NCT of Delhi), AIR 2014 SC 3371 : (2014)9 SCC 105).
Right to establish institutions for imparting medical and technical education, is not a fundamental right. (DM, Wayanad Institute of Medical Sciences v Union of India, AIR 2015 SC 2940 : (2016)2 SCC 315 : (2015)8 Scale 246).
Freedom of trade can be curtailed only on the grounds mentioned in clauses (2) to (6) of Article 19. (Society for Un-Aided Private Schools of Rajasthan v Union of India and Another, 2012(3) Kar.L.J. 177 (SC) : AIR 2012 SC 3445 : (2012)6 SCC 1 : (2012)4 SCJ 318).
Right to trade - Imposition of reasonable restrictions. (State of Rajasthan v M/s. Deep Jyoti Company, AIR 2016 SC 1152).
An advocate not on roll of State Bar Council cannot appear/plead unless he files appointment alongwith local advocate. (Jamshed Ansari v High Court of Judicature at Allahabad, AIR 2016 SC 3997 : (2016)10 SCC 554).
Article 19(1)(g) - Trade in liquor is exclusive privilege of State. State can create/prohibit monopoly. (State of Kerala v Kandath Distilleries, AIR 2013 SC 1812 : (2013)6 SCC 573).
Article 19(1)(g)(6) - Municipal Slaughter Houses - Closure for 7 days during Jains’ religious festival not violative of Article 19(1)(g). (Hinsa Virodhak Sangh v Mirzapur Moti Kuresh Jamat, AIR 2008 SC 1892 : (2008)5 SCC 33).
Right to trade - Reasonable restrictions can be imposed. (Dharam Chand v Chairman, New Delhi Municipal Council, AIR 2015 SC 2819 : (2015)10 SCC 612 : 2015 AIR SCW 4474).
Ban on slaughter of cow progeny imposed by the Bombay Animal Preservation Act (1954) is in the interest of the general public within the meaning of clause (6) of Article 19 of the Constitution. (State of Gujarat v Mirzapur Moti Kureshi Kassab Jamat, AIR 2006 SC 212 : (2005)8 SCC 534).
Cabaret, Discotheque, Light Band Music in restaurants - Since these performances are displayed in a restaurant where public has an access and, therefore, in the larger public interest, these performance have to be controlled, regulated and supervised by imposing reasonable restrictions in law under clause (6) of Article 19(1). Making it obligatory to obtain license for these performances is a reasonable
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