Noor Jahan W/O Late Sh. Nisar Ahmed vs New Delhi Municipal Council (Ndmc) on 21 May, 2011
The right
to carry on trade or business mentioned in Article 19(1) (g) of the Constitution, on street
pavements, if properly regulated cannot be denied on the ground that the streets are meant
exclusively for passing or repassing and no other use (Sodhan Singh vs NDMC, 1989). The
judgment is significant because it emphasizes several important aspects of street vending and
use of public space. It notes the positive role of street vendors in providing essential
commodities to common people at affordable prices and at convenient places. Moreover, street
vending, if regulated, cannot be denied merely on the ground that pavements are meant
exclusively for pedestrians. The most important aspect is that street vendors are exercising their
constitutional right to carry out trade or business hence it should be regulated properly and not
abolished. Despite this judgment, municipal authorities continued to harass street vendors. In
1998, the National Alliance of Street Vendors of India (NASVI) was formed in Ahmedabad. It
soon emerged as an independent federation of street vendors' organizations. In 1999, NASVI
initiated a survey on street vending in seven cities.