Central Provinces and Berar Regulation of Manufacture of
Bidis (Agricultural Purposes) Act (LXIV of 1948), ss. 8, 4-Law
prohibiting bidi manufacture during agricultural season-Validity
-Restriction of fundamental right to carry on trade or business Reasonableness of restrictions-Test of reasonableness-Jurisdiction
of court to consider whether restrictions are reasonable-Constitution
of India, 1950, Art. 19(1)(g), 19(6).
The Central Provinces and Berar Regulation of Manufacture
of Bidis (Agricultural Purposes) Act, LXIV of 1948, a law which
was in force at the commencement of the Constitution of India,
provided that 11 the Deputy Commissioner may by notification fix
a. period to be an agricultural season with respect to such villages
as may be specified therein" and that "the Deputy Commissioners may by general order which shall extend to such villages as he may specify, prohibit the manufacture of bidis during the
agricultural season.'' The Act provided further that no person
residing in a village specified in Buch order shall during the agricultural season engage himself in the manufacture of bidis, and
no manufacturer shall during the said season employ any person
for the manufacture of bidis." An order was issued by the
Deputy Commissioner under the provisions of the Act forbidding
all persons residing in certain villages from engaging in the
manufacture of bidis during a particular season. A manufacturer
of bidis and an employee in a bidi factory residing in one of the said villages applied under Art. 32 of the Constitution for a writ
of mandamus alleging that since the Act prohibited the petitioners from exercising their fundamental right to carry on their trade
or business which was guaranteed to them by cl. (1) (g) of Art. 19
of the Constitution, the Act was void .