Maintaining that public interest should prevail over private interests, the Supreme Court has ruled that wholesale market operators have no fundamental right to carry on their trade in cities as they cause serious traffic congestion and public inconvenience.
A bench of justices Markandeya Katju and C K Prasad said world over the practice was to shift wholesale markets to the outskirts and hence authorities in India too should be granted the liberty to shift wholesale markets if and when required.
“It is true that the right to do business is a fundamental right guaranteed under Article 19(1)(g) of the Constitution but this right is subject to reasonable restrictions under Article 19(6).
“The reasonableness of the restriction has to be determined in an objective manner and has to be seen from the point of view of the interest of the general public and not merely from the point of view of the persons upon whom the restrictions are imposed,” Justice Katju, writing the order, said.
The apex court passed the ruling while dismissing the appeal filed by several wholesale merchants from Assam challenging the state government's decision to shift their market from Guwahati city to the outskirts as they were causing congestion in the city.
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