Vora Saiyedbhai Kadarbhai (A ... vs Saiyed Intajam Hussen Sedumiya And Ors. on 17 December, 1980
In first Appeal No. 1072 of 1978 and others decided by a Division Bench of this Court on the 1st October 1979, Rajiv Ramanlal and Ors. v. Ashok Mill Ltd. 1979 (2)-XX (2) G.L.R. 464; it has been held that the constitutional validity of an impugned provision can be tested on the anvil of Article 19(1)(f) and Article 31 if the impugned provision was enacted at the time when those Articles were on the statute book. There is no doubt or dispute about the fact that Article 19(1)(f) and Article 31 were on the statute book on 15th August 1976 when Section 14 was enacted. Article 19(1)(f) conferred the following fundamental right upon the citizens: "to acquire, hold and dispose of property". Article 19(1)(g) confers the following fundamental right upon the citizens of the country: "to practise any profession, or to carry on any occupation, trade or business". Upon these fundamental rights, under Clauses (5) and 6 of Article 19, reasonsable restrictions could be imposed" in the interests of the general public". Article 31(1) provided as under: "No person shall be deprived of his property save by authority of law".