AIR 1961 SUPREME COURT 82 ::1963 MadLJ(Cri) 226 ::1963 (1) SCJ 539 ::1961 (1) SCR 642

Supreme Court Of India

Hon'ble Judge(s): B. P. Sinha, J. L. Kapur, P. B. Gajendragadkar, K. Subba Rao, K. N. Wanchoo , JJJ

(A) Constitution of India , Art.246, Sch.7 List 3 Entry 21, Sch.7 List 3 Entry 35— Motor Vehicles Act (4 of 1939) , Chap.IVA, S.68C— Chap IVA is not ultra vires powers of Parliament. Chapter IVA, Motor Vehicle Act, could competently be enacted by the Parliament under Entry 21 read with Entry 35 of the Concurrent List of the Constitution. Its provisions therefore are not ultra vires the powers of Parliament : AIR 1960 SC 1073, Foll.(Para 6 7) (B) Constitution of India , Art.19(6)(ii)— Scope of - Monopolies - Motor Vehicles Act (1939) (as amended by Act 100 of 1956), S. 68C - Nationalisation of road transport services - Partial exclusion of some among the same class of service - S. 68C is saved by Art. 19(6) (ii). Motor Vehicles Act (4 of 1939) , S.68c— Article 19 (6) is only a saving provision and the law made empowering the State to carry on a business is secured from attack on the ground of infringement of the fundamental rights of a citizen to the extent it does not exceed the limits of the scope of the said provision. Sub-cl. (ii) of Art. 19 (6) is couched in very wide terms. Under it the State can make law for carrying on a business or service to the exclusion complete or partial of citizens or otherwis....