Holding

The Municipal Board’s amendment prohibiting the sale of eggs is valid and constitutes a reasonable restriction under Article 19(6).

Summary

The Municipal Board of Rishikesh amended its bye‑law to prohibit the sale of eggs within the municipal limits, adding "eggs" to an existing ban on meat and fish. The appellants challenged the amendment, arguing that the board lacked authority because "eggs" were not listed in Section 298(2) List I Heading F of the U.P. Municipalities Act, 1916, and that the total prohibition violated their right to trade under Article 19(1)(g) of the Constitution. The Supreme Court held that the board possessed a general power under Section 298(1) to make bye‑laws for health, safety and municipal administration, and that the omission of "eggs" from the specific list did not invalidate the amendment. The Court also found the prohibition a reasonable restriction under Article 19(6), given the cultural and religious sensitivities of the pilgrim towns and the public interest in maintaining a vegetarian atmosphere. Consequently, the appeal was dismissed and the bye‑law upheld.

Issues considered

Whether the Municipal Board could frame a bye‑law prohibiting the sale of eggs when "eggs" are not expressly mentioned in Section 298(2) List I Heading F of the U.P. Municipalities Act, 1916.
Whether the special resolution and procedural requirements under Section 298(1) were complied with, and who bears the burden of proof.
Whether the total prohibition on the sale of eggs constitutes a reasonable restriction on the trade guaranteed by Article 19(1)(g) in light of Article 19(6).
Whether the amended bye‑law is inconsistent with any provision of the Act or its rules.

Legislation cited

Constitution of Indias. Article 19(1)(g), s. Article 19(6), s. Article 51A

Subjects

Municipal bye‑lawreasonable restrictionArticle 19U.P. Municipalities Actegg prohibitioncultural and religious considerationsspecial resolutionpublic healthmunicipal powers

Judgment

A OM PRAKASH AND ORS.
v.
STA1'E OF U.P. AND ORS.

MARCH 9, 2004

B [SHIVARAJ V. PATIL AND D.M. DHARMADHIKARl, JJ.]

UP. Municipalities Act, 1916-Section 298(1) and (2) List I Heading
F-Bye-Laws-Framings of-Power of Municipality-Municipal Board
amended existing bye-law by including "eggs" thereby totally prohibiting
C their sales within the municipal limits-The word "eggs" was not mentioned
in List I Heading F-Validity of-Held: Despite non-mention of the word
"eggs", the bye-law valid.

Municipalities-Bye-laws-Validity of-Act prescribed a special
D procedure for enactment of bye-laws by the Municipality-Following of-
Onus of proof-Held: Is on the person challenging the bye-law that the
Municipality had not followed the special procedure and not on the Municipality
that it had followed it.

Municipality-Bye-laws-Judicial review-Scope of-Held: Courts
E should be slow to interfere with the bye-laws made by public representative
bodies unless they are manifestly partial or unjust or ma/a fide.

Constitution of India, 1950: Articles 19(l)(g) and (6) and 51-A.
-
,

Restriction-Reasonableness of-Tests to determine-Municipal Board
F enacted a bye-law prohibiting sale of "eggs" within the municipal limits-
Constitutionality of-Held: Such a bye-law not invalid-Reasonableness of a
restriction depended upon the nature of trade involved and the public interest
intended to be served by such a total restriction-Such a restriction must be
viewed from the cultural and religious background 'Of the concerned
municipality-The prohibition in question was imposed in deference to religious
G . and cultural demands of a large number of residents and pilgrims who visited
the town regularly and periodically-Moreover, tourists and pilgrims were
major sources of revenue for the municipality-Hence~ High Court rightly
upheld the said prohibition as a reasonable restriction.

H 900
-- OM PRAKASH v. STATE 901

Article SJ-A-Fundamental duties enjoined on citizens-Held: Should A
also guide the legislature and executive actions of elected or non- elected
institutions and organisations of the citizens including the municipal bodies.

Words and Phrases :

"Reasonable restriction"-Meaning of in the context ofArticle 19(6) of B
the Corzstitution of India, 1950.

The respondent-Municipal Board amended its bye- law and included
the word "eggs" in it thereby prohibiting their sales within the municipal
limits of the town. Prior to the amendment the sale of meat and fish only
was prohibited. C
The appellant filed a writ petition before the High Court challenging
the amendment on the ground that total prohibition of sale of "eggs"
imposed unreasonable restrictions affecting their rights under Article
19(l)(g) of the Constitution. The appellants also contended that the D
amended bye-law was not valid as the word "eggs" was not covered by
Section 298(2) List I Heading F of the U.P. Municipalities Act, 1916. The
High Court dismissed the writ petition. Hence the appeal.

On behalf of the appellant, it was contended that in order to frame
bye-laws under Section 298(1) of the Act a special resolution had to be E
passed by adopting a special procedure and it did not appear that any
such procedure was adopted and, therefore, the amended bye-law could
not be sustained.

On behalf of the respondents, it was contended that the words
"animals'', "meat" or "fish" occurring in Section 298(2) List I Heading F p
of the Act were not followed with the word "only" which meant that for
other similar articles also there might be a requirement for licence and
that the general power of the Municipality under Section 298(2) of the
Act extended even to those subjects, which had not been specifically
enumerated under Section 298(2) List I Heading F of the Act.
G
The following question arose before the Court:

"Whether the Municipal Board could frame bye-laws prohibiting the
sale of "eggs" within its municipal limits, when the word "eggs" is not
covered by Section 298(2) List I Heading F of the U.P. Municipalities Act,
H
I
(

902
A 1916?"
SUPREME COURT REPORTS

Dismissing the appeal, the Court
[2004] 2 S.C.R.

---
HELD: Per Shivraj Patil, J:

B 1. Assuming that "eggs" are not one of the items specified under
Section 298(2) List I Heading F of the U.P. Municipalities Act, 1916, the
respondent-Board has power under Section 298 (1) of the Act to make a
bye-law unless such a bye-law framed by the Board is inconsistent with
the provisions of the Act or Rules. No provision was pointed out to contend
that the amended bye-law in question is inconsistent with the provisions
C of the Act or Rules. (909-C-D]

Afzal Ullah v. State of UP., [1964) 4 SCR 991, followed.

Emperor v. Sibnath Banerji, AIR (1945) PC 156, cited.

D 2. The appellants' contention that if a bye-law was to be framed by
exercising power under Section 298(1) of the Act, a special procedure was
required to be followed by passing a special resolution and the burden
that such a special procedure was followed is on the respondents, does not
merit acceptance. Since the appellants questioned the validity of the
amended law, it was for them to lay the foundation for challenge and
E substantiate same. It is not their case that no special resolution was passed
in amending the bye-law. It is too late to challenge the validity of the bye-
law on that ground. This part mere wrong reference made to the provision
in the preamble of the notification containing the amendment of the bye-
law does not invalidate the bye-law itself so long as the respondent-Board
p had power to frame such a bye-law. [910-C-E] ..
Afzal Ullah v. State of UP., [1964.) 4 SCR 991, followed.

P. Balakotaiah v. Union of India, [1958) SCR 1052, cited.
---
G 3. Further, this Court in H. C. Suman 's case has taken the view that
Courts should be slow to interfere with the bye-laws made by public
representative bodies unless it is manifestly partial, and unequal in
operation or unjust, mala fide or effects unjustified interference with
liberty. [910-H; 911-A] .....-

H H. C. Suman v. Rehabilitation Ministry Employees' Cooperative House
OM PRAKASH v. ST ATE 903
Building Society Ltd., [1991] 4 SCC 485, relied on. A
Kruse v. Johnson, (1898) 2 QB 91, cited.

4. Mere omission to mention the word 'eggs' either in Section 241
or Section 298(2) List I Heading F does not make the amended bye-law
invalid. The High Court was right in holding that prohibition of sale c.f B
eggs within the municipal limits of the town was not an unreasonable
restriction, the bye-law was in the larger interest of welfare of the people
consistent with the provision of the Act and that the amended bye was
not invalid having due regard to Sections 241 and 298 of the Act.
[911-D-E)
c
Per Dharmadhikari, J. (concurring):

1. Whether a particular restriction on trade to the extent of its
complete prohibition can be held to be 'reasonable' within the meaning
of Article 19(6) depends upon the nature of the trade involved and the
public interest that is intended to be served by such total restriction. D
(914-F-G)

2. The term 'reasonable restriction' as used in Article 19 (6) is highly
flexible and a relative term which draws its colour from the context. One
of the sources to understand it is natural law and in the sense of ideal, E
just, fair, moral or conscionable to the facts and circumstances brought
before the Court. [915-D]

Chintaman.Rao v. State of MP., AIR (1951) SC ll8, State of Madras
v. V.G. Row, AIR (1952) SC 196, State of Maharashtra v. Himmatbhai
Narbheram Rao, AIR (1970) SC 1157, State of A.P. v. Mcdowell, [1996) 3 p
SCC 709, Mohd. Hanif Quareshi v. State of Bihar, AIR (1958) SC 731 and
Hashmattullah v. State of MP., [1996) 4 SCC 391, referred to.

3.1. The law regulating local administration of an urban or rural
area effects the social and economic life of the community.
G
Stone: Social dimensions of Law and Justice, referred to. (915-E)

3.2. The reasonableness of complete restriction imposed on trade of
nonvegetarian food items has, therefore, to be viewed from the cultural
and religious background of the three municipal towns, viz, Haridwar,
Rishikesh and Muni Ki Reti. (915-F-G] H
904 SUPREME COURT REPORTS [2004] 2 S.C.R.

A 4.1. It is a matter of common knowledge that members of several
communities in India are strictly vegetarians and shun meat, fish and eggs.
Such people in great number regularly and periodically visit the said three
municipal towns on pilgrimage. 1915-G-HI

4.2. The Fundamental Duties enjoined on citizens under Article 51-
B A should also guide the legislative and executive actions of elected or
nonelected institutions and organisations of the citizens including the
municipal bodies. (916-D)

5.1. The resolution by the respondent-Municipal Board to amend its
bye-laws for banning public dealing and trade of non-vegetarian food items
C in the said three municipal towns has been taken in deference to the
religious and cultural demands of a large number of residents and pilgrims
who visit regularly and periodically on auspicious and festive days to the
three towns. Maintenance of clean and congenial atmosphere in all
religious places which are spread over all the three towns is in common
D interest of the residents, pilgrims and visitors. Continuous floating
population of pilgrims benefit the inhabitants of the towns by providing
them with various sources of earning livelihood and employment. Tourists
and pilgrims are the major sources of revenue for the Local Municipal
Boards and the inhabitants of the three towns. Geographical situation and
peculiar culture of the three towns justify complete restriction on trade
E and public dealing in non-vegetarian food items including "eggs" within
the municipal limits of the towns. The High Court rightly upheld it to be
a reasonable restriction. (916-E-H)

5.2. Thus, the impugned bye-law notified by the respondent-
F Municipal Board cannot be held to be violative of Article 19(1)(g) of the
Constitution. (917-B)

CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3270 of
1998.

G From the Judgment and Order dated 17.12.96 of the Allahabad High
Court in C.M.W.P. No. 19173 of 1986.

Ms. Rachna Gupta for the Appellants.

Dr. Meera Agarwal and Ramesh Chandra Mishra for the Respondent in
H Municipal Board.
OM PRAKASH v. STATE [PATIL. J.] 905

C.D. Singh and Pramod Dayal for State of U.P. A
Avtar Singh Rawat, Addi. Advocate General for State of Uttaranchal
and J.K. Bhatia for the State of Uttaranchal.

The Judgments of the Court was delivered by
B
SHIV ARAJ V. PATIL J. The appellants and two other persons filed
a writ petition in the High Court challenging the Gazette Notifications
prohibiting the sale of eggs within the municipal limits of Rishikesh on the
ground that notifications issued imposed unreasonable restrictions affecting
- their rights under Article 19(1) (g) of the Constitution, as they prohibited the
sale of eggs within the municipal limits; the amended bye-laws including the C
'eggs' prohibiting their sales withins the municipal limits was not valid as
'eggs' is not covered by Section 298(2) List I heading F of the U.P.
Municipalities Act, 1916 (for short 'the Act').

Admitted facts, as noticed by the High Court, are that District Rishikesh
is by and large a place where many temples exist. In the counter affidavit D
filed by the respondents before the High Court it is stated that several citizens,
societies and organizations made representations to the Municipal Board,
Rishikesh requesting it to impose restrictions on the sale of 'eggs' also in
public places. Having regard to the said demand of citizens the municipality
issued notification in question after getting the approval of the Government E
as per the provisions of the Act. It is also pointed out that the transportation
of 'eggs' through municipal limits of Rishikesh is not prohibited in any way.
A businessman, who wants to take 'eggs' through Rishikesh, is not prohibited
and he may carry on his trade outside the municipal limits of Rishikesh. The
relevant bye-laws prior to amendment was:-
F
"No person shall sell or expose for sale or cook or carry in a manner
exposed to public gaze any kind of meat or fish in any public place,
thorough fare, streets, lodging houses, hotels, dhabas, restaurants,
dharamshalas, kshetras and shops situated within the limits of the
Municipal Board."
G
The amended bye-law reads:

"No person shall sell or expose for sale or cook or carry in a manner
exposed to public gaze any kind of meat, fish or eggs in any public
place, thorough fare, streets, lodging houses, hotels, dhabas,
H
906 SUPREME COURT REPORTS [2004] 2 S.C.R.

A restaurants, dharamshalas, kshetras and shops situated within the limits
of Municipal Board."

As is evident, in amended bye-law only 'eggs' is added. There was
already prohibition in regard to any kind of meat or fish. The High Court has
noticed that under bye-laws before amendment prohibition of sale of meat
B and fish, which was existing for long time, was not challenged.

In the light of the rival contentions urged on behalf of the parties the
question that arises for consideration is whether the Municipal Board could
frame bye-laws prohibiting sale of 'eggs' within its municipal limits, when
the word 'eggs' is not covered by Section 298(2) list I heading F of the Act.
c
Learned counsel for the appellants urged that total prohibition on sale
of eggs in the municipal limits of Rishikesh is unreasonable and seriously
affects rights of the appellants to carry on trade under Article 19(1 )(g) of the
Constitution; under Section 298 of the Act the respondent Board could not
D frame bye-law in relation to 'eggs' looking to Section 298(2) list I heading
F and Section 241 of the Act; eggs cannot be read as included in 'meat' or
'fish' since the eggs, which are being sold by the appellants, do not hatch and
give birth to chicks and even otherwise if tht: respondent Board in the interest
of promoting or maintaining the health, safety of the public can make bye-
law, then the total prohibition would be unreasonable and arbitrary although
E the board can take steps as it may deem necessary to regulate the sale of
eggs.

Challenge made on behalf of the appellants was met by learned counsel
on behalf of the respondents by contending that Section 241 of the Act deals
with the requirement of obtaining a licence to use any place as market or
F shop for sale of animals, meat or fish intended for human food, or as a
market for the sale of fruits or vegetables and such right shall be subject to
the bye-laws made under Section 298(2) list I heading F of the Act; the
words used in this Section as to 'animals', 'meat' or 'fish' are not followed
word "only", which means that for other similar articles also there may be
G requirement for licence; none of the provisions of the Act including Sections
241 and 298 provide that municipality cannot make bye-laws for imposing
a ban on the sale of eggs within municipal limits. The learned counsel further
submitted that Section 298(1) of the Act has conferred general power on the
Municipal Board to make bye-laws for the purpose of promoting or maintaining
the health, safety and convenience of the inhabitants of the municipal area
H and for the purpose of municipal administration under the Act; this general
OM PRAKASH v. STATE [PATIL, J.] 907
power of the municipality extends to even to those subjects, which have not A
been specifically enumerated under Section 298(2) list I heading F of the
Act.

The learned counsel for the appellants, when confronted with the position
that under Section 298(1) the municipality has general power to frame bye-

-- Iaws, made submission that in order to frame bye-laws under Section 298(1)
a special resolution has to be passed by adopting a special procedure and it
does not appear that any such procedure was adopted. Hence the amended
B

bye-law cannot be sustained.

The High Court in the impugned order has dealt with the contentions
advanced on behalf of the appellants and negatived them keeping in view the C
provisions of the Act and the various decisions cited. The High Court has
noticed that the welfare of the people is paramount consideration, which has
to be kept in mind while deciding the validity of a law when it is said to be
contravening the constitutional guarantees. The High Court, as can be seen
from the impugned judgment, while dealing with the challenge to the D
notification on the ground it infringed the right of the appellants guaranteed
under Article 19( I) (g) of the Constitution of India, after referring to
various decisions of this Court and following them, has concluded that the
impugned notification does not violate any right of the appellants as guaranteed
under Article 19( 1) (g) of the Constitution in the context of the facts of the
case and Keeping in view Section 298 of the Act and bye-laws framed E
thereunder. Hence it is not necessary to deal any further on this question. It
is stated in the impugned judgment, "as noted in the earlier part of this
judgment, it is not denied that several organizations, societies and residents
of Rishikesh had approached the Municipal Board for such a ban on sale of
eggs as it was already imposed concerning sale of meat and fish and that was F
the reason that by the amended law the aforesaid word "eggs" was added in
the existing bye-laws".

Referring to various decisions of this Court the High Court concluded
that the amended bye-laws prohibiting sale of eggs within the municipal
limits was permissible to achieve the object of the Act in the interest of the G
welfare of the people. The High Court has also found that under Section
298(1) of the Act the municipality has the general power to frame a bye-law
by special resolution for the purpose of promoting or maintaining the health,
safety and convenience of the inhabitants of the municipal area and for the
furtherance of the municipal administration under the Act. It is also noticed
H
908 SUPREME COURT REPORTS [2004] 2 S.C.R.

A that right of a person to use any place within the limits of municipal area
under Section 241 of the Act is itself subject to bye-laws, if any, made under
Section 298(2) list I heading F of the Act. In this view the High Court did
not find any illegality in the amendeq bye-law. Consequently the writ petition
was dismissed by the impugned order.

B The two provisions of the Act ,viz., Section 241 and 298 to the extent
they are relevant are to be noticed:-

"241 Licensing of markets and shops for sale of certain articles.-(1)
The right of any person to use any place, within the limits of a
municipal area, other than a municipal market, as a market or shop
c for the sale of animals, meat or fish intended for human food, or as
a market for the sale of fruit or vegetables, shall be subject to bye-
laws (if any) made under heading F of Section 298.

2 ................... "

D xxx xxx xxx xxx

"298. Power of municipality to make bye-laws. - (1) A municipality
by special resolution may, and where required by the State Government
shall, make bye-laws applicable to the whole or any part of the
municipal area, consistent with this Act and with any rule, for the
E purpose of promoting or maintaining the health, safety and convenience
of the inhabitants of the municipal area and for the furtherance of
municipal administration under this Act.

(2) In particular, and without prejudice to the granularity of the power
conferred by sub-Section (1), the municipality, wherever situated,
F may in the exercise of the said power, make any bye-law described
in list I below and the municipality, wholly or in part situated in a
hilly tract may further make, in the exercise of the said power, any
bye-law described in list II below.

LIST
G A-E
!
F. -Markets, Slaughter houses, sale of food, etc.
(a) Prohibiting, subject to the provision of Section 241, the use of
any place as a slaughter-house, or as a market or shop for the sale
H
OM PRAKASH v. STATE [PATIL, .I.] 909
of animal intended for human food or of meat or of fish, or as a A
market for the sale of fruit or vegetables, in default of a licence
granted by the municipality or otherwise than in accordance with
the conditions of a licence so granted;"
It is clear that under Section 298 (I) a munic;pality has the power to
make bye-laws consistent with the Act and rules for t'i.e purpose of promoting B
or maintaining the health, safety and convenience of the inhabitants of the
municipal area and for the furtherance of the municipal administration under
the act. Sub-Section (2) of the same Section states in particular, and without
prejudice to the generality of the power conferred by sub-Section ( 1) the
municipality can make any bye-Jaw described in list I.

Assuming 'eggs' is not one of the specified items under Section 298(2)
c
list I heading F of the Act, the respondent Board has power under Section
298(1) of the Act to make a bye-law unless such a bye-law framed by the
Board is inconsistent with the provisions of the Act or the rules. No provision
was pointed out to contend that the amended bye-law in question is inconsistent
with the provisions of the Act or rules. Though under the heading F of List D
I aforementioned 'eggs' is not an item which is totally a stranger with reference
to sale of such item in the market for human,consumption. The Constitution
Bench of this Court in Afzal Ullah v. The State of Uttar Pradesh', dealing
with a similar controversy under the very provision arising under Section 298
in relation to power of municipality to frame bye-laws, has held that even if E
a particular bye-law is not framed relating to any clauses expressly stated
under Section 298(2) framing of such bye-laws could be justified by the
general power conferred on the Boards by Section 298(1). In the said judgment
it is stated thus : -

"Even if the said clauses did not justify the impugned bye-law, F
there can be little doubt that the said bye-laws would be justified by
the general power conferred on the Boards by s. 298(1). It is now
well-settled that the specific provisions such as are contained in the
several clauses cf s. 298(2) are merely illustrative and they cannot be
read as restrictive of the generality of powers prescribed by s. 298
(1) vide Emperor v. Sibnath Banerji and Ors., AIR (1945) P.C. 156. G
If the powers specified by s. 298(1) are very wide and they take in
within their scope bye-laws like the ones with which we are concerned
in the present appeal, it cannot be said that the powers enumerated
under s. 298(2) control the general words used by s. 298(1 ). These
I. (1964) 4 SCR 991.
H
910 SUPREME COURT REPORTS [2004] 2 S.C.R.

latter clauses merely illustrate and do not exhaust all the powers
conferred on the Board, so that any cases not falling within the powers
specified by Section 298(2) may well be protected by s. 298(1 ),
provided, of course, the impugned bye-laws can be justified by
reference to the requirements of s. 298( I). There can be no doubt that
the impugned bye-laws in regard to the markets framed by respondent
18 No. 2 are for the furtherance of municipal administration under the
Act, and so, would attract the provisions of s. 298(1). Therefore we
are satisfied that the High Court was right in coming to the conclusion
that the impugned bye-laws are valid."
The argument of the learned counsel for the appellants raised for the first
•C time that if bye-law was to be framed by exercising power under Section
298(1) of the Act, a special procedure was required to be followed by passing
a special resolution and the burden that such a special procedure was followed
is on the respondents, also does not merit acceptance. Since the appellants
questioned the validity of the amended law, it was for them to lay the
D foundation for challenge and substantiate the same. It is not their case that
no special resolution was passed in amending the bye-law. It is too late to
challenge the validity of bye-law on that ground. This apart mere wrong
reference made to the provision in the preamble of the notification containing
the amendment of the bye-law does not invalidate the bye-law it self so long
as the respondent Board had power to frame a bye-law. This position is also
E made clear in the same Constitution Bench judgment, thus: -

"It is true that the preamble to the bye-laws refers to clauses
A(a), (d) and (c) and J (d) of s. 298 ar.d these clauses undoubtedly
are inapplicable; but once it is shown that the impugned bye-laws are
within the competence of respondent No. 2, the fact that preamble to
F the bye-laws mentions clauses which are not relevant, would not
affect the validity of the bye-laws. The validity of the bye-laws must
be tested by reference to the question as to whether the Board had the
power to make those bye-laws. If the power is otherwise established,
the fact that the. source of the power has been incorrectly or
inaccurately indicated in the preamble to the bye-laws would not
G make the bye-laws invalid (vide P. Balkotaiah v. Union of India and
Ors., [1958] SCR 1052."

Further this Court in H.C. Suman and Anr. v. Rehabilitation Ministry
Employees' Cooperative House Building Society Ltd. New Delhi and Ors., 2

H 2. [1991) 4 sec 485.
OM PRAKASH v. STATE [PATIL, J.) 91 I
-- has taken the view that courts should be slow to interfere with the bye-laws
made by public representative bodies unless it is manifestly partial, and unequal
A

in operation or unjust, malafide or effects unjustified interference with liberty.
Paragraph 23 of the judgment reads: -

"23. In Kruse v. Johnson, (1898) 2 QB 91, it was held that in
detennining the validity of bye-laws made by public representatives B
bodies, such as country councils, the court ought to be slow to hold
that a bye-law is void for unreasonableness. A bye-law so made
ought to be supported unless it is manifestly partial and unequal in its
operation between different classes or unjust, or made in bad faith, or
clearly involving an unjustifiable interference with the liberty of those C
subject to it. In view of this legal position the Notification dated
October 27, 1987 deserves to be upheld as, in our opinion, it does
not fall within any of the exceptions referred to in the case of Kruse
v. Johnson."

Mere omission to mention 'eggs' either in Section 241 or Section· D
298(2) List I Heading F does not make the amended bye-law invalid. In my
view, the High Court was right in holding that prohibition of sale of eggs
within the municipal limits of Rishikesh was not an unreasonable restriction,
the bye-law was in the larger interest of welfare of the people consistent with
the provision of the Act and that the amended bye-law was not invalid having E
due regard to Sections 241 and 298 of the Act.

Thus, viewed from any angle I do not find any merit in the appeal so
as to interfere with the impugned judg,ment. Hence the appeal is dismissed.
The parties to bear their own costs.

DHARMADHIKARI, J. On the question of competence of the
F
Municipal Board Rishikesh to amend the bye-law and validity of ban on sale
of eggs in public within the municipal limits of Rishi~sh, I have found
myself in respectful agreement with the reasoning and conclusion of learned
Brother Shivaraj V. Patil, J.
G
I, however, consider it necessary to deal with separately the ground
urged to assail the bye-law as being violative of fundamental right of trade
guaranteed to citizens under Article 19 (I) (g) read with Article 19 (6) of the
Constitution of India.

Right to practice 2.ny profession or to carry on any occupation, tn;de or H
912 SUPREME COURT REPORTS [2004] 2 S.C.R.

A business being a very valuable right has been treated as fundamental and
guaranteed under Article 19 ( 1) (g) of the Constitution. This right can be
restricted under Article 19 (6) only by Jaw and on such reasonable grounds
which are found to be in the interest of general public. What should be
considered a reasonable restriction within the meaning of clause (6) of Article
19 came up for consideration in a series of cases before this Court.
B
In Chintaman Rao v. State of MP., AIR (1951) SC 118, it was observed
that there ·should be proper balance between the right of trade guaranteed
----
under Article 19(1 )(g) and the social control permitted under clause (6) of
Article 19 :-
c 'The word 'reasonable' implies intelligent care and deliberation, that
is the choice of a course which reason dictates. Legislation which
arbitrarily or excessively invades the right cannot be said to contain
the quality of reasonableness and unless it strikes a proper balance
between the freedom guaranteed in Article 19( 1) (g) and the social
D control permitted by Clause (6) of Article 19, it must be held to be
wanting in that quality'.

[emphasis added]

In the case of State of Madras v. V.G. Row, AIR (1952) SC 196, this
E Court observed that there can be no general principles or standards to test
reasonableness of a restriction on a particular trade. Each case has to be
judged on the basis of facts and c;ircumstances brought to the notice of the
Court.

'The test of reasonableness, wherever prescribed, should be applied
F to each individual statute impugned, and no abstract standard, or
general pattern of reasonableness can be laid down as applicable to
all cases. The nature of the right alleged to have been infringed, the
underlying purpose of the restrictions imposed, the extent and urgency
of the evil sought to be remedied thereby, the disproportion of the
G imposition, the prevailing conditions at the time, should all enter into
the judicial verdict'.

[emphasis added]

The observations in the aforesaid two decisions have been quoted with
H approval in the State of Maharashtra v. Himmatbhai Narbheram Rao, AIR
OM PRAKASH v. STATE [PATIL, J.] 913

(1970) SC 1157 in which challenge to Section 385 of Bombay Municipal A
Corporation Act imposing restrictions on dealing with carcass or skin of
animals within the municipal limits as affecting the trade of the people dealing
in those obnoxious items was negatived holding such restrictions to be in
general public interest.

Reasonable restriction on certain trades in articles which are hazardous B
to public health such as liquor, it is held, can go to the extent of imposing
complete prohibition on such trade. See State ofAndhra Pradesh vs. Mcdowell
& Co., [1996] 3 sec 709.

Complete ban on slaughter of cow and its progeny has also been upheld
to save cow as an animal species highly useful to human community. See C
Mohd. Hanif Quareshi and Ors. v. State of Bihar, AIR (1958) SC 731 and
Hashmattu/lah v. State of Madhya Pradesh and Ors., [1996] 4 SCC 391.

Learned Counsel on behalf of appellants has argued that trade of eggs
cannot be considered as objectionable or injurious to society. In fact, egg D
eating is encouraged as necessary for improvement of public health. Doctors
recognise it as a nutritive supplement to other food. There are eggs which
contain no chicks and, therefore, acceptable to many sections of the society
including those who are otherwise vegetarians.

The basic question, therefore, that arises is whether complete prohibition E
imposed on trade of eggs within the municipal limits of Rishikesh can be
held to be reasonable and can pass the test of clause (6) of Article 19, as has
been interpreted by this Court from case to case in various situations.

It is a matter of common knowledge that Haridwar, Rishikesh and
adjoining town Muni Ki Reti situate on the bank of river Ganges are pilgrim F
centres with huge temple complexes, shrines, ashrams, yoga teaching
institutions and other institutions engaged in religious activities and spiritual
practices. The three towns attract pilgrims round the year and in greater
numbers during auspicious days and annual fairs. Pilgrims congregate in the
towns to take bath in river Ganga considered to be holy by them. They visit
temples and stay in various religious places and institutions. There is, thus, G
a continuous inflow of pilgrims in these religious towns. Every 6th year a big
religious fair is organised called as Pum Kumbh or Ardh Kumbh in which
crores of people from all over the country congregate in the three towns.

Supporting the imposition of ban on trade of eggs along with ban on H
914 SUPREME COURT REPORTS [2004] 2 S.C.R.

A trade of meat and fish, which is already in existence, it has been stated by the
State and the local authority that it was so imposed on constant demands of
citizens, various organisations and institutions operating within Haridwar and
Rishikesh areas. Copies of some of such representations in writing received
from individuals and religious organisations have been placed on record of
this case. A major Section of the society in the three towns consider it
B desirable that vegetarian atmosphere is maintained in the three towns for the
inhabitants and the pilgrims.

In municipal limits of Haridwar public dealing in meat, fish and eggs
was banned by the Notification issued as far back as on 23rd July, 1956 and
C in Muni Ki Reti by Notification dated 18.12.1976. These restrictions imposed
in Haridwar and Muni Ki Reti have not been challenged by any section of
people in the Court and have continued as fully acceptable to all. The towns
of Haridwar and Rishikesh have acquired religious importance as they are
located on banks of river Ganges in the foot hills of Himalayas and are two
main entry points for pilgrimage to Badrinath and Kedamath located on the
D heights of Himalayas.

As a justification for extension of ban on trade of eggs with ban on
trade of meat and fish in municipal area of Rishikesh which adjoins Haridwar
and Muni Ki Reti, it has been stated on behalf of Municipal Board and State
that during the periodical Kumbh fairs, the areas which are notified for
E organizing Kumbh Mela comprise parts of municipal areas in Haridwar, Muni
Ki Reti and Rishikesh. One such Notification earmarking the areas of Kumbh
Mela held in the year 1992, issued under by clause (2) of United Province,
Mela Act of 1938 (UP Act No.16 of 1938) has been annexed with counter
affidavit of the State.
F The High Court in upholding complete restriction on dealing and tradiilg
of eggs in Rishikesh has relied on several decisions of this Court. The High
Court has come to the conclusion that such prohibition extended to the trade
of eggs in municipal town of Rishikesh is a reasonable restriction and _ha~.,
been imposed in the interest of general public. Whether a particula?lfestnc'tion
G on trade to the extent of its complete prohibition can be held to be 'reasonable'
within the meaning of clause (6) of Article 19 depends upon the nature of the
trade involved and the public interest that is intended to be served by such
total restriction.

The concept of 'reasonableness' defies definition. Abstract definition
H like 'choice of a course which reason dictates' as propounded in the earliest
OM PRAKASH v. STATE [PATIL, J.) 915
case of this Court in Chintaman Rao (supra) is elastic. In the subsequent case A
-· of VG. Row (supra), therefore, this Court has observed that 'no abstract
standard or general pattern' ofreasonableness can be laid down as applicable
to all cases. Legal Author Friedmann in his book 'Legal Theory, 4th Ed., at
pages 83-85', comments that reasonableness is an expression used to convey
basically the Natural Law ideal of 'justice between man and man'. The concept
of 'reasonable man' is also an application of the principles of natural justice B
to the standard of behaviour expected of the citizen. The functional and
conceptual implication of the term 'reasonableness' is that it is essentially
another word used for public policy. It means the application of the underlying
principles of social policy and morality to an individual case. Fr~edmann
further observes that the 'test of reasonableness is nothing substantially C
different from 'social engineering', 'balancing of interests', or any of the
other formulas which modern sociological theories suggest as an answer to
the problem of the judicial function'.

The term 'reasonable restriction' as used in Article 19(6) is highly
flexible and relative term which draws its colour from the context. One of the D
sources to understand it is natural law and in the sense of ideal, just, fair,
moral or conscionable to the facts and circumstances brought before the
Court.

The l;iw regulating local administration of an urban or rural area affects
the social and economic life of the community. As pointed out by another E
Legal Thinker Stone, in his book Social dimensions of Law & Justice
'reasonable restriction', if properly used, helps in 'adjustments of conflicting
interests' such as in the present case where large number of people residing
and visiting Rishikesh, believe in strict vegetarianism as a part of their religion
and way of life. The appellants who are running hotels and restaurants and
others like them constitute comparatively a very small section of the society F
e9gaged in carrying on trade of non-vegetarian food items in the town.

c• !he reasonableness of complete restriction imposed on trade of non-
'"i?;etarian food items has, therefore, to be viewed from the cultural and
religiou.s 1:-.,c~ground of the three municipal towns. G
It is a matter of common knowledge that members of several
communities in India are strictly vegetarians and shun meat, fish and eggs.
Such people in great number regularly and periodically visit Haridwar,
Rishikesh and Muni Ki Reti on pilgrimage.
H
916 SUPREME COURT REPORTS [2004] 2 S.C.R.

A In the three towns people mostly assemble for spiritual attainment and
religious practices. All citizens are enjoined by Fundamental Duties prescribed
in Article 51-A to respect faith of each other and thereby 'promote harmony
--
and spirit of common brotherhood' in a pluralistic society as India is.

Article 51-A - "It shall be the duty of every citizen of India
B (a)
(b) ';)(

(c)
(d)
c - .....
(e) to promote harmony and the spirit of common brotherhood
amongst all people of India transcending religious, linguistic and
regional or sectional diversities; to renounce practices derogatory
to the dignity of women;
D (f) to value and preserve the rich heritage of our composite culture."

The Fundamental Duties enjoined on citizens under Article 51 ~A should
also guide the legislative and executive actions of elected or non-elected
institutions and organisations of the citizens including the municipal bodies.

E The resolution by Municipal Board Rishikesh to amend its bye-laws for
banning public dealing and trade of non-vegetarian food items in municipal
town ofRishikesh along with adjoining towns ofHaridwar and Muni Ki Reti
has bee~ taken in deference to the religious and' cultural demands of large
number of residents and pilgrims who visit regularly and periodically on
auspicious and festive days to the three towns. It is stated on behalf of the
F Municipal Board that major source of revenue and employment in the three
towns is from the continuous inflow of tourists and floating population of
pilgrims. Maintenance of clean and congenial atmosphere in all religious
places which are spread over all the three towns is in common interest of the
residents, pilgrims and visitors. Continuous floating population of pilgrims
G. benefit the inhabitants of the towns by providing them various sources of
earning livelihood and employment. Tourists and pilgrims are the major
sources of revenue for the Local Municipal Bodies and the inhabitants of the
three towns. Geographical situation and peculiar culture of the three towns
justify complete restriction on trade and public dealing in non-vegetarian
food items including eggs within the municipal limits of the towns. The High
H Court rightly upheld it to be a reasonable restriction. Trade in all kinds of
OM PRAKASH v. ST ATE [PATIL, J.] 917

- food items vegetarian or non-vege~arian in adjoining towns and villages outside
the, municipal limits of three towns remains unrestricted artd there- is no
A

substantial harm caused to those engaged in such trade.

For the aforesaid reasons, the impugned bye-law notified by Municipal
Board Rishikesh cannot be held to be violative of Article 19 (I) (g) of the
Constitution. With this addition, I respectfully agree with the opinion of B

- learned brother Shivaraj V. Patil, J. and with his conclusion that this appeal
be. dismissed.

V.S.S. Appeal dismissed.