Prize Competition - Definition - Construction - It includes competition other than of a gambling nature - Validity of enactment - Principle of severability - Application - Prize Competitions Act, (42 of 1955), SS. 2(d), 4, 5, rr. 11, J2. 

The petitioners, who were promoting and conducting prize competitions in the different States of India, challenged the constitutionality of ss. 4 and 5 of the Prize Competitions Act ( 42 of 1955) and rr. II and 12 framed under s. 20 of the Act. Their contention was that 'prize competition' as defined in s. 2( d) of the Act included not merely competitions that were of a gambling nature but also those in which success depended to a substantial degree on skill and the sections and the rules violated their fundamental right to carry on business, and were unsupportable under Art. 19(6) of the Constitution, that they constituted a single inseverable enactment and, consequently, must fail entirely. On behalf of the Union of India this was controverted and it was contended that the definition, properly construed, meant and included only such competitions as were of a gambling nature, and even if that was not so, the impugned provisions, being severable in their application, were valid as regards gambling competitions.